Lawyers Legally & Ethically Stealing from Their Clients

04/10/2014

Well,
 its
 happened
 again.
 
 I
 was
 contacted
 by
 a
 potential
 client
 that 
hired 
a 
lawyer 
to 
handle 
a 
personal 
injury 
case, 
the
 lawyer
 malpracticed
 the
 case
 and,
 surprise
 surprise,
 the
 lawyer
 doesn't
 have
 any
 insurance.

 The
 client's
 personal
 injury 
case 
was 
a 
good
 one
 and 
the 
lawyer
 simply 
didn't 
know
 the 
time 
limitations 
on 
filing
 the 
suit.

 It's
 forever 
lost. 

So, 
in
 my
 opinion,
 the 
lawyer 
has
 stolen 
the 
value
 of 
that
 case
 from
 his
 client.
 
And,
 to
 top
it
 all
 off,
 the
 lawyer's
 failure
 to
 carry
 insurance 
adds 
insult 
to 
injury.

Why 
doesn’t
 the 
Kentucky 
Bar
 Association, 
or
 any 
state's
 bar association
 for
 that 
matter,
 make 
legal
 malpractice insurance
 MANDATORY?
 
 At
 the
 very
 least,
 make
 lawyers
 disclose
 to
 clients
 that
 they
 don't
 have 
any
 insurance.
 
At
 least
 that
 way
 the
 client
 can make
 an 
informed 
decision 
about
 whether 
this
 is 
the 
lawyer 
they
 want
 to 
hire.

Oregon
 is
 the
 only
 state
 that
 has
 made
 legal
 malpractice
 insurance
 mandatory.
 
 
About
 22
 other
 states
 have
 made lawyers
 disclose
 whether
 they
 carry
 insurance
 or
 not‐‐but
 sometimes
 they
 only
 have
 to
 disclose
 to
 the 
Bar,
 not
 clients.



Worthless.

So,
 what's
 the
 deal
 Kentucky?
 
 Are
 we
 going
 to
 let
 lawyers
 continue
 to
 represent
 people
 without
 being
 financially

responsible
 when
 they
 malpractice,
 or
 are
 we
 going
 to
 continue 
to
 allow
 them 
to 
have 
a 
license
 to 
steal?