Like the vast majority of states, Pennsylvania does not require attorneys in private practice to maintain professional liability coverage. That is not likely to change any time soon, but under a new rule proposed by the Pennsylvania Disciplinary Board, lawyers will have to tell their clients if they don’t maintain a minimal level of coverage.
Proposed Rule 1.4(c) would require attorneys to inform “a new client in writing if the lawyer does not have malpractice insurance of at least $100,000 per occurrence and $300,000 in the aggregate per year.” Attorneys would also have to inform existing clients if their coverage “drops below either of those amounts or the lawyer’s malpractice insurance is terminated.”
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