Legal malpractice insurance is the topic today. On January 1 2010 the rules will change.
Beginning January 1, lawyers will be required to disclose to their clients that they do NOT carry legal malpractice insurance. This is due to the adoption of rule 3-410 by the state bar of California.
As a prospective client of an attorney you should make certain your attorney has malpractice insurance. Malpractice insurance is there to help YOU! not the attorney.
Legal Malpractice Insurance is in place so that if an attorney causes your court case to be lost you may be compensated for the lost court case. If you feel your current attorney caused malpractice, you should consult with an attorney that handles malpractice claims.
If your attorney does not carry insurance, and there is a malpractice, you will only be able to collect against the attorney as an individual. There will not be an insurance company to provide financial support to pay your claim. If you expect an attorney to pay your claim individually, realize attorneys are normal people with mortgages and car payments. They are just as unable to pay a large court judgement as anyone else.
Remember it is your job as the client to inquire about your attorneys qualifications as well as insurance status. It is your attorneys job to work hard and diligently represent your interests in your case