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 Minnesota, attorneys are not mandated by state law to carry professional liability insurance, also known as malpractice insurance or errors and omissions insurance. However, the Minnesota Rules of Professional Conduct require attorneys who do not maintain professional liability insurance to inform their clients of this lack of coverage. Specifically, Rule 1.4 requires that attorneys without malpractice insurance must notify their clients in writing at the time of engagement or when they decide to stop carrying insurance. This disclosure must be acknowledged by the client. The rule aims to ensure that clients are aware of the potential risks involved in hiring an attorney without malpractice insurance. It is important for attorneys practicing in Minnesota to comply with this disclosure requirement to maintain transparency with their clients and to adhere to the ethical standards of the legal profession.