Archived: Malpractice Insurance Working Group

This working group submitted its final report to the Board of Trustees and sunsetted in March 2019.

Roster

Purpose

The State Bar Board of Trustees appointed the Malpractice Insurance Working Group to conduct a mandated review and study of errors and omissions insurance for attorneys licensed in California.

The State Bar Board of Trustees appointed members of the working group to represent a broad range of interests to ensure the voices of the Legislature, the bench, legal consumers, lawyers, and insurance industry representatives. The group reviewed areas specified in Business and Professions Code Section 6069.5, including:

  • The adequacy, availability, and affordability of errors and omissions insurance for attorneys licensed in this state
  • Proposed measures for encouraging attorneys licensed in this state to obtain and maintain errors and omissions insurance
  • The ranges of errors and omissions insurance limits for attorneys licensed in this state recommended to protect the public
  • The adequacy and efficacy of the disclosure rule regarding errors and omissions insurance, currently embodied in Rule 3-410 of the Rules of Professional Conduct
  • The advisability of mandating errors and omissions insurance for attorneys licensed in this state and attendant considerations
  • Other proposed measures relating to errors and omissions insurance for attorneys in California that will further the goal of public protection

The working group submitted its report to the Board of Trustees and the State Bar submitted it to the California Supreme Court and the Legislature pursuant to Business and Professions Code Section 6069.5.

Malpractice Insurance Working Group Charter

Additional Information
Materials and Agendas

March 12, 2018
History of California and Other States Efforts regarding Legal Malpractice Insurance
Materials and Agenda

June 4, 2018
Mandatory Malpractice Insurance – Open Market Model
Materials and Agenda

July 9, 2018
Adequacy and Availability of Insurance; Recommended Insurance Limit
Materials and Agenda

August 27, 2018
Measures to Encourage Malpractice Coverage; Adequacy of the Disclosure Rule
Materials and Agenda

November 13, 2018
Mandatory Malpractice Insurance – Captive Fund Model
Materials and Agenda

January 14, 2019
Malpractice Insurance Working Group
Materials and Agenda