When
asked about what
this column is
about, I usually
respond with … ‘oh,
it’s a humor
column…kind of
satire…’ something
along that line. I
was thinking that
this week I could
write a light piece
about something
humorous, but no,
not going to happen
this week.
In Texas, when you
hire an attorney to
do some work for
you, I’ll bet you
didn’t know that
attorneys are not
required to carry
malpractice
insurance for their
practices. At least
half of those
practicing in Texas
do not carry the
coverage. Now, we
all know that
doctors carry
malpractice in case
they cut off the
wrong leg or do
something equally
tragic to cause any
of us injury. I
don’t know that I
would do business
with a doctor who
wasn’t insured. I’m
not certain if
insurance is
required for
doctors, but you
certainly hear more
about them than you
do attorneys. Read
on a little further.
Anyway, here in the
great old Lone Star
state, if an
attorney screws up
your case, and has
no insurance, the
most you can hope
for is a settlement
from something
called the Texas Bar
Client Security Fund
which allows for the
payment of a maximum
of $30,000 for any
mistakes made by the
attorney on your
behalf. Last year,
the fund settled 74
cases for an average
of $5,900 a case.
Wow…..I’m impressed.
The story I read
goes on to tell
about a guy whose
attorney failed to
file his patent
agreements on time.
The guy sued and won
a 10 million dollar
judgment, but the
attorney claims he
has no assets… so
about the only way
any recovery can be
made is through this
fund. Thirty grand
isn’t much when
compared to the ten
million is it?
There isn’t any hard
and fast rule
requiring practicing
attorneys to make
any contributions to
the fund on an
annual basis.
Currently the amount
paid out equals to
$5.66 for each
practicing lawyer in
Texas. The fund pays
out benefits from
the interest it
generates from an
endowment of about 3
million dollars. If
they paid out
$437,000 last year,
that must mean there
are over 70,000
attorneys in Texas.
Way too many if you
ask me.
It gets worse…in
order to even file
for any type of
claim under the
rules of the fund;
the injured party
must first file a
grievance with the
state bar. A hearing
on this matter might
take anywhere from a
year to two years to
be heard. Then, if
the attorney gets
reprimanded, a claim
for damages can be
filed. The system
must find that the
lawyer violated some
rules of
professional
conduct. Remember a
maximum of $30,000
is all that could be
paid in any event.
The Texas Supreme
Court authorized a
committee to look at
whether or not
attorneys should be
forced to disclose
if they had
malpractice
insurance or not.
Last month, by a
vote of 6 to 5, they
voted that notice
should not be
required. Texas is
only one of three
states to vote
against such a
measure. Twenty
three states require
disclosure.
So, what does all of
this mean? Well,
it’s simple. It’s a
little like going to
Las Vegas, you pays
your money and you
takes your chances.
Not much comfort in
the system is there?
Doesn’t exactly warm
your old heart.
Here we have another
clear cut case of
self dealing. The
attorneys make the
laws as well as
enforce the laws as
well as interpret
the laws. Don’t
think for a minute
it’s going to change
because it isn’t.
You and me are going
to be in the dark
and forced to
stumble through life
like blind mice in a
maze. The attorneys
make the rules for
us to follow, but
not for them. All of
us in business have
to carry insurance
on our various
enterprises, but the
people we should be
able to trust to
help us with legal
guidance do not have
to follow this rule.
What a crock, if you
ask me.
I’m certain there
are plenty of
attorneys out there
who do look after
the best interests
of their clients and
who do carry
liability insurance
in case someone in
their firm makes a
costly mistake.
You would think it
would be those who
are abiding by the
rules, who would be
the ones leading the
charge to require
all of their
colleagues to do the
same, wouldn’t you?
One bad apple spoils
the barrel.
Or in this case,
should I say half
the bad apples spoil
the entire barrel?
