Beginning January 1, 2009, all attorneys in private practice in Colorado must publicly disclose whether they are covered by malpractice insurance.
The new rule is based on a model/proposed rule of the American Bar Association. The Colorado Supreme Court adopted the rule last fall. Colorado attorneys are required to disclose on the attorney's license registration statement whether they do, or do not, carry malpractice insurance. The disclosed information will be made public through the Office of Attorney Registration, and will be published on their web site. Colorado now joins twenty-two other states that require a similar disclosure either to the client or on their license registration forms.
I can't think of a good reason not to have this rule, and expect more states to enact a similar rule in the future. I particularly like the requirement as it applies to divorce clients. Many divorces involve persons that have never had to deal with an attorney, have never been involved in a legal matter, and may not have any significant experience dealing with binding agreements, discovery, orders, hearings, etc. The same persons are, however, to a significant degree entrusting to their attorney their assets, property, and financial future. They should be entitled to know whether their attorney has liability insurance.
In practical application, and where this rule may be important, is where an attorney is not familiar with divorce or family law. There is sometimes a (mis)perception that divorce law is simple, and any attorney can do it. Setting aside the issue of which is more "simple" for a moment, would you ask your kid's pediatrician to perform a heart bypass? Or your car's mechanic to install your new water heater? If you do, maybe things will work out, maybe not.