This is my first post to Not Far From The Tree blog. My interest in blogging is to support my clients and prospects with their insurance needs in the area of professional liability. Often my communications have specifically addressed an individual set of facts that may have a more universal appeal. In and effort to reach a broader audience, I have written newsletters and targeted marketing materials distributed via snail-mail but they fall short in addressing questions that clients and prospects have while generating additional trash for landfills! I am experimenting with this medium in an effort to reach a broader audience with timely information. Thank you in advance for your indulgences.

In California, you are what you drive! The Mercedes Benz or BMW often reflects an alter ego of having reached a level of success. An attorney and the law practice they have often reflects a level of personal accomplishment and that success. Unfortunately a very high percentage of California attorneys in private practice have neglected to insure their professional liability. Or if they have purchased an insurance policy, it has minimum limits of coverage and only slightly better than no coverage at all.

Why don’t many firms insure with the best insurance policies and with appropriate limits of liability? Are minimum limits good for your car? Then why would minimum limits be appropriate for a lawyers’ professional liability policy? Many attorneys feel that they will not be sued and that is simply not the situation. Professional liability underwriters suggest that an attorney will have a reportable incident leading to a claim every 7 to 10 years or for a larger firm, an incident for every 7 to 10 attorneys.

The California State Bar Association has been “working on” insurance disclosures for more than 18 months and has not reached an enforceable set of guidelines with any disciplinary consequences. Opposition pressure against consumer protections has not driven the process. Statutory requirements are no substitute for conscience risk management and responsible precaution including adequate reputable insurance coverage.