Attorneys appointed by the Delaware Family Court to represent indigent families in dependency and neglect cases have qualified immunity from malpractice lawsuits and cannot cite the lack of malpractice insurance as a reason to withdraw from representation, the Delaware Supreme Court has ruled. The court's decision barred an attorney who works as in-house counsel for a Delaware corporation from withdrawing from a neglect case because he did not possess malpractice insurance.

The en banc court issued the opinion to resolve a question of law certified by the Family Court on June 11 in Hanson v. Morton.

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