To the Editor:
The December 11, 2006 edition of the Bar Bulletin revealed that much of New Mexico's client population remains sadly unprotected. The State Bar reported that nearly one in four active private practice attorneys does not carry professional liability insurance. This figure leaves too many clients unable to receive compensation for a lost day in court resulting from a lawyer's carelessness or misconduct. Legal consumers i n New Mexico have no way of knowing before they hire an attorney whether they will ultimately be protected in such unfortunate instances. Alth ough the State Bar collects data on the malpractice insurance status of all members, this information is not made available to the general publ ic. By shielding liability insurance status, the Bar places New Mexico's citizens in a vulnerable position. In addition, as long as the clie nt population remains in the dark, New Mexico's lawyers have no incentive to obtain professional liability nsurance. The State Bar should d evelop a mechanism for disseminating information about attorney's malpractice insurance coverage to the general public. The American Bar Association has recommended this open structure in its Model Court Rules on Insurance Disclosure, and State Bars in Arizona, Illinois, Kansas, Massachusetts, Minnesota, Nebraska, Nevada, North Carolina, Pennsylvania, Virginia, Washington and West Virginia have adopted policies for maki ng insurance information available to the public. It's time for New Mexico to join this trend. Informed consumers are protected consumers, a nd consumer protection and professional integrity go hand in hand.

Suzanne M. Blonder, Associate Counsel
HALT--An Organization of Americans
for Legal Reform

Editor's Note: The issue of mandatory disclosure of liability insurance has been studied by the Lawyers Professional Liability Committee for years with a new rule being established by Supreme Court order in 2005 to begin collection for 2006. There was considerable discussion about a public disclosure component, with the Court ultimately deciding to collect information for a period of time to determine the statistics and an appropriate next step. Blonder's letter has been forwarded to the committee and the Court for consideration. Questions about mandatory reporting, public disclosure and mandatory insurance will be included in the 2007 membership survey.

Website: http://www.nmbar.org/Template.cfm?Section=Bar_Bulletin_(BB)