LAWYER MALPRACTICE INSURANCE INFORMATION
The Illinois Supreme Court recently amended its lawyer
registration rule. As part of the annual registration process, lawyers
must disclose whether they have malpractice insurance and, if so, the
dates of coverage for the policy.
Amended Rule 756, effective October 1, 2004, provides as follows:
Registration Form will be mailed to every lawyer this upcoming
October. The 2006 Form will include a section where lawyers
will be required to answer whether they have malpractice insurance as
of the date they submit their registration and, if so, the beginning
and ending dates of the policy. The malpractice insurance information
must be filed by December 31, 2005.
LAWYERS SHOULD NOT SEND INFORMATION
ABOUT THEIR MALPRACTICE INSURANCE BEFORE RECEIVING THE 2006
REGISTRATION FORM. When
they get the form, lawyers
should send no information beyond what can be provided on the form
itself. Under the amended Rule, lawyers must retain for seven years
documentation showing the name of the insurer, the policy number, the
amount of coverage and the term of the policy.
However, that documentation need be produced only if a specific
request is made by the ARDC as part of a future audit of the
information reported on the registration form.
The ARDC will display on its Web site information as to whether or not a lawyer reported having malpractice insurance at the time of the registration. No other insurance information will appear, but inquirers will be advised to ask the lawyer if they wish to know more about the malpractice coverage the lawyer carries.