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 New Jersey, attorneys are not mandated by state law to carry professional liability insurance, also known as malpractice insurance or errors and omissions insurance. However, New Jersey does require attorneys who do not have such insurance to inform their clients of this lack of coverage. Specifically, Rule 1:21-1C of the New Jersey Court Rules stipulates that a lawyer who is not covered by professional liability insurance must disclose this fact to the client in writing at the time of the client's engagement of the lawyer, and that this disclosure must be acknowledged by the client in writing. This requirement ensures that clients are aware of the potential risks involved in engaging an attorney without malpractice insurance and can make informed decisions about their legal representation.