Later this evening, I will post on the topic of our implicit attitudes and
biases. First, though, I want to mention one very explicit attitude/bias
that I have: I do not respect bar associations that put the interests of the
lawyers before those of clients (see bar & guild) — especially when lawyers
are merely being asked to give clients information that is important to their
selection of counsel.
Today, my bad attitude goes out to the Arkansas Bar Association. Why?
Via Ben Cowgill, I learned that the Arkansas Bar’s House of
Delgates voted by a two-to-one margin to reject a proposed
rule requiring lawyers in active practice to certify whether
they carry professional liability insurance. As Ben reported:
The proposal had been drafted by the Bar’s Profession-
alism Task Force and had received a strong endorsement
from the Bar’s Board of Governors.
Arkansas is the first state that has rejected the concept
of mandatory reporting of professional liability insurance
since the ABA recommended a Model Court Rule on Insur-
ance Disclosure, in August of 2004.
The rejected rule is a weak form of disclosure — made to the Court
and not directly to clients. Ben lists eleven states that now require
disclosure along with annual registration statements: AZ, DE, IL,
KS, MI, NE, NV, NM, NC, VA and WV. There are also five states
requiring notification of clients: AK, NH, OH, PA and SD. In addi-
tion, as Ben notes in his comprehensive review, “Oregon is still the
only state which requires all members of the Bar to maintain profes-
sional liability insurance.” Find state-by-state details from the ABA
here.
the submission of the legal reform group HALT to the Georgia State
Bar (Nov. 4, 2004), explaining the benefits of mandatory disclosure
rules, and the need for notifying each client or potential client. HALT
gives one statistic that would surely surprise most members of the
public — and lawyers, too — the national average of lawyers who carry
professional liability insurance is 40%. It is no surprise that disclosure
rules have motivated many formerly “naked” lawyers to purchase pro-
fessional liability insurance.
p.s. Arkansas is among the 8 states that still impose a Gag Rule
on complainants in disciplinary matters. Several state supreme
courts have recently declared such rules to be unconstitutional,
including the New Jersey Court last September.
hidden in leaves
gazing at the camellia
croaking frog
hidden in shadows
a laughing mouse…
New Year’s inventory
midday’s mosquitoes
hidden behind
the Buddha of stone
Issa, translated by David G. Lanoue
February 22, 2006
the Arkansas Bar irks me
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