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 Ohio, attorneys are not mandated by state law to carry professional liability insurance, also known as malpractice insurance or errors and omissions insurance. However, the Ohio Rules of Professional Conduct require attorneys who do not maintain professional liability insurance to inform their clients of this lack of coverage if they do not carry the minimum level of coverage for a consecutive period of more than thirty days. This notification must be given to clients in writing at the time of the client's engagement of the attorney's services. Additionally, attorneys in Ohio are required to report whether they have professional liability insurance on their biennial registration forms. While the state does not enforce a requirement for attorneys to obtain such insurance, the disclosure rule ensures that clients are aware of their attorney's insurance status, allowing them to make informed decisions when engaging legal services.