[WSBAPT] What obligation does an attorney have to provide their malpractice information?

Fri Sep 11 17:13:03 PDT 2020

I don't know that WA lawyers are required to carry insurance, but I have
done this a few times and I just told the attorney I think he is in error
and unless he/she wants to sit down and talk I will file an action.  If they
are covered they will tender the defense unless they want to cover the tab
themselves.  

From: wsbapt-bounces at lists.wsbarppt.com On Behalf Of Philip N. Jones
Sent: Friday, September 11, 2020 4:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] What obligation does an attorney have to provide their
malpractice information?

I am glad to say that I don't work in the area of legal malpractice, but
here is my best guess about how to approach this problem.

Send the attorney a formal; letter stating that you are making a claim of
legal malpractice.  Odds are, he will tender it to his carrier.  It is
certain that the policy requires he notify his carrier.  You will soon hear
from his carrier, or a defense attorney hired by the carrier.

Phil Jones

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Dalynne Singleton
Sent: Friday, September 11, 2020 3:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] What obligation does an attorney have to provide their
malpractice information?

I find myself having to make a claim against an attorney for my client
(attorney was PR and probate attorney in estate where my client is an heir)
and I have asked for the attorney's malpractice information.  Crickets.

I contacted WSBA ethics hotline and although RPC 1.4 (c) is being looked at
as an addition to address this in 2020, nothing seems to strike me in the
rules that there is a duty to provide when requested.

I called WSBA and left a VM with the same request as the website shows he
has malpractice insurance.

Any help from those who handle legal malpractice claims or who have found
duty to provide this information?

Dalynne Singleton

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.568.8092  fax

dalynne at glgmail.com <mailto:dalynne at glgmail.com> 

Website:  www.glglawgroup.com <http://www.glglawgroup.com> 

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