Issue Number 2, 2005

One of the most frequent misconceptions we hear from lawyers is that a professional corporation (PC), professional limited liability corporation (PLLC) or limited liability partnership (LLP) insulates them against personal liability for professional liability. Under each of these entities, a lawyer remains liable for their own acts of professional negligence or malpractice.

The Professional Ethics Opinions Committee for the State Bar of Texas recently adopted an opinion addressing the ethical obligations and options for a lawyer whose client is actively considering a legal malpractice claim. The opinion is available in the September issue of the Texas Bar Journal at page 750.

Texas lawyers are not required by law to have insurance to practice law. A number of considerations may prompt lawyers to obtain insurance, however: