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

Sun Sep 13 11:28:53 PDT 2020

Hi – should have read this before my note to Dalynne this morning – much better then my “gut” or “memory” – Thanks Brent.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Friday, September 11, 2020 5:42 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 wanted to share with the whole of the Section what I shared with Dalynne directly.

Washington state is NOT a direct tender state to insurance. NO ONE has to disclose their insurance information unless is it required for public filing (such as contractors who must provide the name and limits with the DOL so you can do a contractor look-up). The Courts have held that it is up to the insured to determine IF they want to tender a claim to their carrier. It cannot be compelled by a claimant.

This is where my 15 years being an insurance coverage attorney come in handy.

Depending on the size of the claim, once it has been submitted the individual at question may just write a check themselves so as not to increase their premiums.

At present - Washington State is NOT a mandatory malpractice state. Though the WSBA Attorney Directory provides the answer - it is purely binary Yes/No as a tool for the public to know whether the attorney they have hired is covered.

My recommendation is that if you have a claim against an attorney and they stonewall you - AND - their conduct rises to the level of an ethical violation. Submit the claim. Though an attorney may find it easy to ignore a colleague, they will have a much more difficult time ignoring a letter from Doug Ende, WSBA Chief Disciplinary Counsel. Then again, maybe they are at the end of their career and just to care anymore and are willing to throw everything away and sell margaritas from a pop-up stand in Cabo (no, I have never entertained those thoughts....I've always opted for Belize in my dreams).

Have a great weekend!
Brent

Brent Williams-Ruth
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

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As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com<mailto:Brent at Williams-RuthLaw.com> and www.Williams-RuthLaw.com<http://www.Williams-RuthLaw.com>

On Fri, Sep 11, 2020 at 5:24 PM Martin <msilver at wolfenet.com<mailto:msilver at wolfenet.com>> wrote:
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<mailto: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<mailto: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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