Elizabeth Alston is heavily involved in defending lawyers charged with disciplinary violations and in lawyer professional liability litigation. She reports in the August 2003 issue of the ABA Journal (page 29) that the normal legal malpractice policy may cover some or all of the costs of an attorney who is defending against a disciplinary charge.
She writes that the policy deductible typically will not apply and that the attorney will normally be able to choose his or her attorney and will not have to rely on counsel selected by the insurer.
Moreover, "[a]lthough most carriers provide from $7,500 to $12,000 in coverage for disciplinary proceedings, some provide for up to $100,000 for reimbursement of fees and costs if the proceeding is successfully defended."
Recognizing that attorneys may be wary of invoking the coverage, she adds that attorneys will eventually have to inform the companies of the complaints when they file for renewal policies. She also includes some thoughts as to what attorneys might do if they are still concerned about reporting a disciplinary complaint to an insurer.
The ABA has the article online now, but I am told it will not be there permanently. On Westlaw, FIND 89-AUG ABAJ.29; Lexis-Nexis will include the article later, but it's not online as of this writing.
Posted by ajlevy at August 13, 2003 3:25 PM