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 Missouri, attorneys are not mandated by state law to carry professional liability insurance, commonly known as malpractice insurance or errors and omissions insurance. However, the Missouri Rules of Professional Conduct encourage attorneys to maintain professional liability insurance to cover potential claims of legal malpractice. While there is no statutory requirement for attorneys to inform their clients if they lack such insurance, ethical guidelines suggest that lawyers should communicate effectively with their clients regarding the scope of their representation, which could include discussions about insurance coverage. It is important for clients to be aware of their attorney's insurance status, as it may affect their decision to engage with a particular attorney or law firm. Attorneys in Missouri should consider the potential risks of practicing without professional liability insurance and the benefits it provides in protecting both their clients' interests and their own professional practice.