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Contact: Contact Kristin Weber at 202/887-8255, kweber@halt.org
Tomorrow, in a move that could arm clients with essential information about attorneys, the State Bar of Georgia Board of Governors will consider a proposal that requires lawyers to tell potential clients whether they carry legal malpractice insurance coverage. HALT, a national legal consumer watchdog group, urged the bar to adopt the proposal.
"We strongly support the Georgia Bar Board of Governors for considering this progressive proposal," stated HALT Associate Counsel Suzanne Mishkin. "In an era that places a premium on sunshine and transparency, direct disclosure is long-overdue."
If the Board adopts the proposal, Georgia will join a small handful of states where lawyers must disclose whether they maintain professional liability insurance. In addition to informing clients directly, the Georgia proposal also would require lawyers to divulge a lack of insurance in media advertisements. If this proposal is adopted, any Georgia lawyer who fails to provide insurance information would risk being barred from practicing law.
The rule will likely encourage the tens of thousands of uninsured Georgia attorneys to finally purchase insurance coverage. It is similar to a South Dakota rule, requiring disclosure to clients, which sparked a dramatic increase in the number of insured attorneys as well as lower insurance rates in the state.
Mandatory disclosure could eventually pave the way for mandatory coverage in Georgia. "You wouldn't let a doctor perform surgery if he wasn't backed by an insurance policy. We should expect the same safety measures from lawyers, whom we entrust with our deepest confidences and our most valuable assets," added Mishkin. "While most will never commit malpractice, a few dollars a week in insurance fees is a small price to pay to guard clients and protect the integrity of the profession."
The Georgia Board of Governors will hold a hearing at 2 p.m. on November 5, 2004 to consider the recommendation for mandatory disclosure of malpractice insurance coverage.
Founded in 1978, HALT—An Organization of Americans for Legal Reform is a nonpartisan, nonprofit public interest organization. HALT pursues an aggressive education and advocacy program that challenges the legal establishment to improve accountability in the civil justice system.
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