Texas attorneys are up in arms because the Texas Supreme Court is again considering whether or not to require Texas attorneys to disclose their malpractice insurance status to their clients. The measure apparently was previously vetoed by a state Supreme Court task force.
The Texas Bar Blog is soliciting comments from attorneys. So far, there are nearly 100 comments such as …
I think it is a bad idea. All attorneys have clients who are never satisfied even when they have reached a good settlement to their case. Mentioning liability insurance to this sort of client will only encourage malpractice suits for them to see what else they can get.
I think it is a bad idea. Clients could simply inquire about it if necessary. Clients come to us for litigious reasons in the first place, to make this disclosure offers them another avenue of recourse – against the attorney. In other words, we would just be planting a seed in their minds. Plus, smaller offices may not have the insurance for financial reasons and to force the disclosure carries a sense of not being a good lawyer.
Malpractice insurance breeds claims.
Being forced to let the clients know that we have a deep pocket if they want to get some money “without hurting anyone but the insurance company” will also make grievances in support of the malpractice case more prevalent.
Let me get this straight. We cannot tell a jury that a defendant has insurance because the assumption is that they will award a run-away verdict, knowing that the insurance company will have to pay the judgment.
Why do lawyers not deserve the same privilege against said disclosure?
Have any of the Supreme Court justices ever paid a malpractice premium for themselves, or was it paid by some firm administrator in their ivory tower?
I could go on cutting and pasting, but I’m getting all choked up. [Sniff]
Of course, if we changed the operative subject in the article from “attorney” to “doctor”, you know they’d all be whistling a different tune about what a good idea it is for patients to have recourse against all the incompetent medical practitioners in Texas.
Hat Tip to Examiner.com