Legal Question in Legal Malpractice in Kentucky

Sounds more like a question for my insurance agent, but here it is:

Yes, there's a difference. Generally if one commits malpractice, it is also an ethics violation. But an ethics violation might not be malpractice.

For instance, if I miss a statute of limitations deadline for a personal injury client, they can sue me for malpractice and there will possibly be action by the KBA as well, because I breached a duty to my client by dropping the ball on their case. I'd have to self-report to both my carrier and the KBA.

On the other hand, I might commit an ethics violation that might not be malpractice. For instance, oh the scandal... sleeping with a client! Big no no! However, I might still be handling the case brilliantly, so there is no malpractice involved.

Malpractice coverage may assist with defense in ethics issues, but it depends on the policy. Also, not all lawyers carry malpractice insurance. It is only required by the KBA if the lawyer practices in a limited liability entity.