September 14, 2025

There are many things that you may not think about at the time that you hire an attorney, and whether they carry malpractice insurance is often one of them. The San Francisco legal malpractice lawyers at The Helbraun Law Firm would advise you to make sure that you verify insurance coverage before you hire the attorney to represent you.

Although an attorney does not have to carry malpractice insurance under California law, they do need to tell you ahead of time that they do not have it. There are numerous complicating factors when you are suing an attorney who does not carry malpractice insurance, so you should make sure to hire one who is covered.

Get legal help from the experienced San Francisco legal malpractice attorneys at The Helbraun Law Firm by scheduling a free initial consultation at (415) 982-4000. We can review the facts of your case and let you know whether you have a potential legal malpractice lawsuit.

When you hire an attorney in California, you hope and expect them to provide you with competent legal services in accordance with both their fiduciary duties and professional obligations. Although that is your expectation, you also need to be prepared for circumstances in which the lawyer fails to uphold their duties. Accordingly, you should learn before you hire the lawyer whether they carry illegal malpractice insurance. If the answer is no, it is a sign of potential problems in the future, and you should consider not hiring that attorney.

The Lawyer Is Not Required to Carry Insurance, But They Must Tell You

Despite several legislative efforts, California law does not require an attorney to carry malpractice insurance. In a sense, a lawyer is taking their own risks when they do not purchase a malpractice insurance policy. However, you are taking that risk right along with them because you can be forced to bear the consequences of their actions.

What California law does require is that an attorney inform you in advance of your hiring them that they do not carry malpractice insurance. This fact is one that would need to be stated in the retainer agreement. You would need to review the retainer agreement closely because it contains the terms of the legal representation and the required disclosures that the attorney must make.

If there is a statement in the retainer agreement that the attorney does not carry malpractice insurance, you should not believe them if they say that they have the assets to pay you if something goes wrong. It is far better to have an insurance company to deal with in the legal malpractice process, notwithstanding the fact that insurance companies can make claims notoriously difficult. Going through an insurance company, or filing a lawsuit in which they defend the case, beats the alternative.

The Difficulties of Suing a Lawyer Who Does Not Carry Malpractice Insurance

If you try to file a legal malpractice case against a lawyer who does not have insurance, you could run into the following difficulties:

While you may obtain a judgment against the attorney, they may not have the personal assets necessary to pay it
Any type of judgment can be very difficult to collect, and the attorney may even be able to declare bankruptcy to avoid payment
The attorney may try other ways to hide their assets to keep you from collecting them in a judgment
Since the lawyer’s own personal money is on the line, they may fight your case all the way to trial because their own financial future is at stake
You may struggle to find a legal malpractice attorney who would it take your case because they know the difficulties of actually collecting from the responsible party

When you are dealing with an insurance company that has written the malpractice policy, they handle claims like yours routinely. Insurance companies are about the dollars and cents, and they take their own fears and emotions out of the picture, unlike an individual attorney who may be fighting to protect their own assets. The insurance company would logically assess the risk that is posed by your case in making a determination about whether to settle. They may be more likely to extend a settlement offer and more willing to negotiate with you. However, even insurance companies may fight your case to the end if they believe that you do not have the evidence necessary to prove your case.

You do not want to have to learn these lessons the hard way after you have already hired and been victimized by an attorney who does not have legal malpractice insurance. Although the reality is that most attorneys in California carry malpractice insurance, this is something that you need to verify before one becomes your lawyer.

Contact a San Francisco Legal Malpractice Law Firm Today

If you believe that you have suffered damages from the negligent or willful conduct of your prior attorney, reach out to a San Francisco legal malpractice lawyer at The Helbraun Law Firm. We offer free initial consultations to prospective clients, and you can schedule one by visiting our website or by calling us today at (415) 982-4000.

David M. Helbraun

Attorney David M. Helbraun at the Helbruan Law Firm in San Francisco emphasize litigation and conflict resolution in the areas of legal malpractice, civil rights & police misconduct and insurance & tort litigation.