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Arizona State Bar Seeks Malpractice Insurance Disclosure Rule & More News


The Arizona State Bar asked the state’s top court to amend its rules to require lawyers to inform clients within 30 days when their malpractice insurance has been terminated or has lapsed.

In a petition filed Oct. 28, the State Bar asked to amend Ethical Rule 1.4, Rule 42, of the Arizona Rules of Supreme Court to create an affirmative duty for attorneys to inform clients if they don’t have insurance. Arizona lawyers aren’t currently required to have liability insurance.

The petition cited a 2022 survey finding that the severity of legal malpractice claims has increased. Although most private practice attorneys in Arizona have professional liability coverage, the State Bar recommended disclosures for those who don’t.

“So that clients may make informed decisions about whether to continue to be represented by a lawyer who, at some time during the representation is no longer insured, the proposed amendment requires the lawyer to inform the client in writing within thirty (30) days of the date on which the lawyer knows their insurance has been terminated or has lapsed,” the petition says.

These requirements would be accompanied by an education campaign by the State Bar, which will further allow clients to make an informed decision, according to the petition.

Arizona State Bar Seeks Malpractice Insurance Disclosure Rule

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Arizona State Bar Seeks Malpractice Insurance Disclosure Rule

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Arizona State Bar Seeks Malpractice Insurance Disclosure Rule

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