A Viewpoint on Disclosure of Malpractice Insurance by Texas Lawyers

ABA AdvisoryThe July 2010 edition of LPL eAdvisory, an enewsletter from the ABA Standing Committee on Lawyers’ Professional Liability, published my article about the recent decision of the Texas State Bar not requiring disclosure of malpractice insurance by Texas lawyers.  This article is different from other discussions on the topic because it seeks to explore the underlying cultural changes that are driving the debate about disclosure.

On April 14, 2010, the Texas Supreme Court informed the Texas State Bar that it would not require mandatory disclosure of professional liability insurance by Texas attorneys. In a letter to State Bar President Roland Johnson, Chief Justice Jefferson wrote, “Having considered the State Bar’s recommendation and the materials’ supporting the recommendation, the Court will retain the status quo.”

It is significant that Chief Justice Jefferson chose the words “retain the status quo” because it helps us understand why Texas rejected the ABA’s recommendation to disclose professional liability insurance.

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