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 West Virginia (WV), attorneys are not mandated by state law to carry professional liability insurance, also known as malpractice insurance or errors and omissions insurance. However, the West Virginia Rules of Professional Conduct, specifically Rule 1.4, require attorneys to communicate effectively with their clients. This includes informing clients if they do not carry professional liability insurance when it is necessary to do so in order to ensure the client is making an informed decision about the representation. While there is no specific statute in WV that requires attorneys to have their clients sign a written disclosure regarding the lack of professional liability insurance, the ethical obligation to keep clients informed may necessitate such disclosure under certain circumstances. Attorneys in WV should consider the potential risks of not carrying such insurance and the importance of transparent communication with their clients regarding their insurance status.