After California Bar leaders announced last year that they might require lawyers to tell clients if they don't carry malpractice insurance, complaints began pouring in.Some attorneys said the financial costs could drive them out of business. Others worried about encouraging malpractice suits by their own clients. And many felt attorneys who disclose a lack of insurance would be unfairly branded as less professional.
Funny, when doctors made the same objections, lawyers weren't exactly sympathetic. In fact, many lawyers accused doctors of being almost criminals when they "went bare", under capitalizing and carrying no insurance to make themselves less attractive targets for nuisance malpractice claims. However, lawyers seem to think it is fine when they do the same.
Maybe when the liability lottery starts hitting lawyers the way it has crushed other professions, lawyers will finally admit there is a need for sensible tort reforms. (I imagine if Edwards got hit with a few dozen multi-million dollar malpractice suits he may suddenly decide there is something to malpractice reform after all. But maybe not.)
No real comments to add here. Just wanted to say it couldn't have happened to a nicer bunch of people.
Originally Published in Random Notes on 2007/06/21.