This article from The Statesman.com discusses news about a special group of lawyers, appointed by the Texas Supreme Court  who are to vote today.  They are looking at " a proposal that could require lawyers to tell clients whether they have malpractice insurance.

The idea would seem to have a lot going for it. Legal malpractice insurers estimate that at least half of all Texas lawyers — and about two-thirds of sole practitioners — don’t have insurance, leaving clients who been harmed by malpractice without much recourse. "

From the article:

"Public support is deep: Seventy percent of respondents favored the proposal in a poll the State Bar of Texas conducted in April, and 80 percent said the issue was "very" or "moderately" important to them. The American Bar Association endorses the idea, and 23 states have some form of disclosure requirement.

Still, the proposal is far from a sure thing, having drawn opposition from small-firm lawyers and the president-elect of the State Bar, Fort Worth lawyer Roland Johnson.

Sole practitioners and lawyers in small firms complain about the cost of malpractice insurance and argue that clients will be more inclined to file a malpractice claim if they know insurance coverage is there.

"I believe it’s fairly self-evident that any disclosure of carrying insurance is like painting a target on your back," said Charles Awalt, a Plano sole practitioner and a director of the State Bar’s general practice, solo and small-firm section.

"I don’t think it gives clients a piece of information that is useful," added Charles Hood, a lawyer in Port Lavaca. "Are you not going to hire a good lawyer because he doesn’t have malpractice insurance? Or because he doesn’t have enough?"

The vast majority of lawyers without insurance are sole practitioners or work in small firms of two to five lawyers, according to the State Bar.

There are about 80,000 licensed Texas lawyers; the disclosure would apply to the approximately 49,000 who are in private practice. "

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Andrew Lavoott Bluestone

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened…

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened his private law office and took his first legal malpractice case.

Since 1989, Bluestone has become a leader in the New York Plaintiff’s Legal Malpractice bar, handling a wide array of plaintiff’s legal malpractice cases arising from catastrophic personal injury, contracts, patents, commercial litigation, securities, matrimonial and custody issues, medical malpractice, insurance, product liability, real estate, landlord-tenant, foreclosures and has defended attorneys in a limited number of legal malpractice cases.

Bluestone also took an academic role in field, publishing the New York Attorney Malpractice Report from 2002-2004.  He started the “New York Attorney Malpractice Blog” in 2004, where he has published more than 4500 entries.

Mr. Bluestone has written 38 scholarly peer-reviewed articles concerning legal malpractice, many in the Outside Counsel column of the New York Law Journal. He has appeared as an Expert witness in multiple legal malpractice litigations.

Mr. Bluestone is an adjunct professor of law at St. John’s University College of Law, teaching Legal Malpractice.  Mr. Bluestone has argued legal malpractice cases in the Second Circuit, in the New York State Court of Appeals, each of the four New York Appellate Divisions, in all four of  the U.S. District Courts of New York and in Supreme Courts all over the state.  He has also been admitted pro haec vice in the states of Connecticut, New Jersey and Florida and was formally admitted to the US District Court of Connecticut and to its Bankruptcy Court all for legal malpractice matters. He has been retained by U.S. Trustees in legal malpractice cases from Bankruptcy Courts, and has represented municipalities, insurance companies, hedge funds, communications companies and international manufacturing firms. Mr. Bluestone regularly lectures in CLEs on legal malpractice.

Based upon his professional experience Bluestone was named a Diplomate and was Board Certified by the American Board of Professional Liability Attorneys in 2008 in Legal Malpractice. He remains Board Certified.  He was admitted to The Best Lawyers in America from 2012-2019.  He has been featured in Who’s Who in Law since 1993.

In the last years, Mr. Bluestone has been featured for two particularly noteworthy legal malpractice cases.  The first was a settlement of an $11.9 million dollar default legal malpractice case of Yeo v. Kasowitz, Benson, Torres & Friedman which was reported in the NYLJ on August 15, 2016. Most recently, Mr. Bluestone obtained a rare plaintiff’s verdict in a legal malpractice case on behalf of the City of White Plains v. Joseph Maria, reported in the NYLJ on February 14, 2017. It was the sole legal malpractice jury verdict in the State of New York for 2017.

Bluestone has been at the forefront of the development of legal malpractice principles and has contributed case law decisions, writing and lecturing which have been recognized by his peers.  He is regularly mentioned in academic writing, and his past cases are often cited in current legal malpractice decisions. He is recognized for his ample writings on Judiciary Law § 487, a 850 year old statute deriving from England which relates to attorney deceit.