Professional liability insurance—sometimes called malpractice insurance or errors and omissions insurance—is insurance that may be purchased by attorneys and law firms to pay the costs of defending legal malpractice claims, and the costs of settling such claims or paying the judgment awarded to a plaintiff on such a claim. Most states do not require attorneys to purchase professional liability insurance, but some states require attorneys who do not carry professional liability insurance to provide notice to their clients of that fact. Some states require attorneys to have their clients sign a written disclosure that the attorney does not have professional liability insurance.
In Florida, attorneys are not mandated by state law to carry professional liability insurance, commonly known as malpractice insurance or errors and omissions insurance. However, the Florida Bar recommends that attorneys maintain such insurance to protect against the financial risks associated with legal malpractice claims. While there is no statutory requirement for attorneys to inform their clients if they lack professional liability insurance, Rule 4-1.4 of the Florida Rules of Professional Conduct requires attorneys to keep clients reasonably informed about the status of a matter and to promptly comply with reasonable requests for information. This rule may indirectly encourage attorneys to disclose their insurance status to maintain transparency with their clients. It is important for clients to be aware of their attorney's insurance status, as it can affect their protection in the event of a malpractice claim.