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	WE ACCEPT MALPRACTICE CASES ALL OVER FLORIDA

 

Do All Lawyers Have Malpractice Insurance?

The short answer is no. The last time we researched the issue we found that only the State of Oregon was requiring lawyers to carry legal malpractice insurance, and it has done so since 1977.  Only South Dakota requires lawyers to specifically disclose to clients when they do not carry malpractice insurance.  Virginia has a website where the public may look up lawyers by name to see if they have insurance 
( http://www.vsb.org/attorney/attSearch.asp).

There is no requirement in Florida that attorneys carry legal malpractice insurance, and the Florida Bar does not keep track of how many lawyers have it.  It has been estimated that about 65 percent of lawyers who practice in Florida have malpractice insurance; the rest "go bare".  Many local bar attorney referral service programs require lawyers to have malpractice insurance in order to have their name on the referral service list.  Certain types of commercial clients also require proof of malpractice insurance, such as mortgage companies that approve lawyers to handle real their  estate closings.   Anecdotally, it seems that most medium to large law firms have malpractice insurance and a greater percentage of uninsured lawyers come from the ranks of small firms and sole practitioners.  The only way to know for sure if a lawyer in Florida is insured is to either ask him for the information or sue him for malpractice and find out.  

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