A controversial issue has resurfaced: The Grievance Oversight Committee, which is appointed by the Texas Supreme Court, recently recommended that the court adopt a rule requiring lawyers who do not carry legal malpractice insurance to disclose their lack of coverage to clients.

In June 2008, the State Bar of Texas board of directors balked at taking a position on whether to require lawyers to disclose whether they have professional liability insurance coverage after a Bar task force that studied the issue voted 6-5 against recommending such a rule. The task force took that vote in May 2008.