Legal Question in Civil Litigation in California
I have a civil litigation case going on for about one year. I just found out that my attorney has one million in malpractice coverage, but my case as a value of three million. Can I ask him to increase his coverage to at least three million prior to the trial?
5 Answers from Attorneys
You can ask him, but he doesn't have to increase his coverage. He was only required to inform you whether or not he carried malpractice insurance. I also doubt your case is really worth 3 million.
An attorney has no duty to increase his malpractice coverage to the amount a client believes his or her claim is worth. If this is an important enough issue for you, then you may wish to change lawyers. Just keep in mind that you will need to pay your current lawyer for the services that he or she has provided.
The better question to ask is why you believe that anything your current attorney is doing might be malpractice? Even if your current lawyer does everything right, you can still lose your lawsuit and that is not malpractice.
You can ask him, but he won't have to do it. And he will be left wondering why you are preparing to sue him. You would probably cause a lot of damage to your relationship with your lawyer.
Note also that, if your lawyer does get additional insurance, it would likely cover him only for errors he makes after the new policy goes into effect.
You've got to be kidding, right?? Sure, you can ask for anything you like. But, plan on hiring a new attorney immediately though. Yours would be a fool to not dump and fire you as a client the minute you ask that, as it tells him you plan on suing him for malpractice, and makes clear that that the attorney-client relationship is irreparably damaged already.
For the record, his malpractice insurance does not cover you or have anyhing to do with you winning or losing the case, unless you claim he committed negligence ["malpractice"].