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ARTICLE · 20 AUGUST 2021

Washington State-Licensed Lawyers Take Note: Get Insurance Or Start Making Disclosures

Holland & Knight
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The new rule also contains suggested language for both the lawyer's disclosure and the client's consent that meets the requirements of the rule.

United StatesInsurance
Nellie Barnard
Nellie Barnard
Dayna Underhill
Dayna Underhill
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Beginning Sept. 1, 2021, all licensed lawyers in the state of Washington, with only limited exceptions, will be required to disclose to clients and obtain informed consent confirmed in writing if they do not have malpractice insurance coverage of at least $100,000 per occurrence and $300,000 in the aggregate.

The Washington Supreme Court approved the amendment to Washington Rule of Professional Conduct (RPC) 1.4 in June 2021, adding subpart (c), which contains onerous requirements for those who do not carry the minimum malpractice insurance, including the following:

  • disclosure to clients in writing before or at the commencement of the representation
  • obtain the client's written informed consent

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