Does a lawyer have to tell a client whether the lawyer carries malpractice insurance?

Short answer The committee was of the opinion that nothing in the rules requires a lawyer to advise a client that the lawyer has malpractice insurance, but if the client asks, the lawyer must either answer honestly or decline to answer.
Bar
WSBA
Issued
1991

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.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

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 Treat this page as historical context, not current guidance.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

Source

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.

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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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