According to Kirk Hall, chief executive officer of the Oregon bar's professional liability fund, the fund was initiated by the state's lawyers when the insurance crisis of the mid-1970s resulted in high prices and low availability. The bar studied the issue, obtained approval from members at an annual meeting and managed to get state legislation passed requiring attorneys to carry coverage and permitting the bar to establish a professional liability program.
Exceptions are government lawyers, house counsel, corporate counsel and professors.
Hall acknowledged it would be tough to set up a similar system in California with so many lawyers and such a variation in practices. Since consumer protection seems to be a major concern of supporters of mandatory malpractice insurance in California, Hall says he thinks the solution is simple. First, he says, require all fee agreements to indicate if the attorney has coverage, its limits and the name of the carrier. Second, on annual bar dues renewals, require attorneys to list the name of their professional liability carrier. Hall says he receives many calls from other state bars inquiring about Oregon's program.