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State Bar of California News Release
For Immediate Release: October 4, 2018

State Bar Seeks Public Comment on Amending California’s Legal Malpratice Insurance Rules

Media Contact: Office of Communications | 415-538-2283 | barcomm@calbar.ca.gov

The State Bar is seeking public comment on options under consideration as part of its statutorily mandated malpractice insurance study. The deadline to submit public comment is November 5, 2018. Currently, malpractice insurance is not required for attorneys licensed in California. However, attorneys without this insurance are required to disclose this fact to clients for whom legal representation will exceed four hours.

The State Bar is currently seeking public comment on the following options regarding malpractice insurance for attorneys licensed in California:

  • Amending rules to require attorneys to disclose to clients that they do not carry legal malpractice insurance;
  • Mandating legal malpractice insurance for attorneys as a condition of licensing, except for in-house counsel and government attorneys;
  • Developing a Continuing Legal Education or Practice Management program that provides an interactive self-assessment of law practice operations in an effort to examine legal malpractice liability;
  • Mandating such a program for attorneys who choose not to carry insurance.
  • Promoting the voluntary purchase of insurance.

Additional details, including how to submit public comment, can be found on the State Bar’s website.

The deadline for public comment is November 5, 2018.

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The State Bar of California’s mission is to protect the public and includes the primary functions of licensing, regulation and discipline of attorneys; the advancement of the ethical and competent practice of law; and support of efforts for greater access to, and inclusion in, the legal system.

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