Does a lawyer have to tell a client whether the lawyer carries malpractice insurance?
Apply this to your situation
This page answers the general question as of 1991. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee was of the opinion that nothing in the Rules of Professional Conduct requires a lawyer to advise a client that the lawyer has malpractice insurance. If the client asks the lawyer whether the lawyer carried such insurance, the lawyer must either answer honestly or decline to answer the question.
Currency note
This opinion was issued in 1991, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Must a lawyer disclose whether he carries malpractice insurance?
A: Under this 1991 opinion, no; the committee was of the opinion that nothing in the rules requires a lawyer to advise a client that the lawyer has malpractice insurance.
Q: What if the client asks directly?
A: The committee was of the opinion that the lawyer must either answer honestly or decline to answer the question.
Background and rules framework
At the time of this opinion, Washington's RPC 8.4(c) prohibited conduct involving dishonesty, fraud, deceit, or misrepresentation, the subject the Model Rules place in Rule 8.4. The committee found no affirmative disclosure duty but applied the honesty rule to bar a false answer if the client asks.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 8.4 (misconduct; dishonesty)
- Washington RPC 8.4(c)
See also
- WA Ethics Op. 1366: Reciting an Hourly-Rate Offer in a Contingent Fee Agreement
- WA Ethics Op. 1345: Client's Decision on Jury Instructions
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=485
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee was of the opinion that nothing in the Rules of Professional Conduct requires that a lawyer advise a client that the lawyer has malpractice insurance. If the client asks the lawyer whether the lawyer carried such insurance, the lawyer must either answer honestly or decline to answer the question.
What do the rules say today, for your facts?
This opinion is from 1991. Ezel checks the current Washington Rules of Professional Conduct against your situation and cites the rules it relies on.
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