Legal Question in Family Law in California

You can only sue an attorney for malpractice if you are the client and they are negligent in representing you, or willfully act against your interests in the course of representing you. It doesn't sound from your question like this is your own attorney you want to sue, so you have no case.

To answer your question, the fact that an attorney does not carry malpractice insurance is not a bar to a lawsuit for malpractice. It just makes collecting on any judgment you could obtain more difficult.

With that said, I do not disagree with Mr. McCormick's response, if that is indeed the case.

Sorry, I'm usually the one noticing that another attorney hasn't answered the question that was asked. I agree with Mr. Roach entirely that insurance is irrelevant to whether or not you have a right to sue an attorney for malpractice. They just have to be your attorney.