Rule change obligates insurance disclosure for attorneys

DENVER — Starting next year, private-practice attorneys will have to disclose whether they have professional liability insurance.

The Colorado Supreme Court on Wednesday amended the rules of civil procedure to require such disclosure on attorney registration forms.

The state court administrator said in a news release that attorneys who have professional liability insurance must also state whether they intend to maintain it and they must notify the office of attorney registration if the coverage lapses or is terminated.

“People every day entrust their liberty, their property and their livelihood to attorneys,” Supreme Court Chief Justice Mary Mullarkey said in the news release. “They should have the ability to know right away whether the counsel they choose to represent their interests has secured professional liability insurance.”

The rule change, which takes effect Jan. 1, 2009, makes Colorado one of 22 states requiring attorneys to disclose whether they have professional liability insurance.

According to the American Bar Association, as of July 2008, Alaska, New Hampshire, Ohio, Pennsylvania and South Dakota require attorneys engaged in private law practice to disclose directly to clients whether they maintain professional liability insurance. Arizona, Delaware, Hawaii, Idaho, Illinois, Kansas, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Rhode Island, Virginia, Washington and West Virginia require attorneys to make such disclosures on registration forms.

Attorneys’ disclosures of insurance coverage will be made available online at www.coloradosupremecourt.com/Registration/Registration.asp.