Mandatory Malpractice Insurance for Lawyers in Ohio: What You Need to Know for 2025

Mandatory Malpractice Insurance for Lawyers in Ohio: What You Need to Know for 2025

Beginning January 1, 2025, Ohio attorneys engaged in private practice will face a significant regulatory change: mandatory professional liability insurance—or mandatory participation in a state ethics curriculum—as a condition of license registration. For part-time lawyers in Ohio, this shift is especially impactful and demands timely preparation.

Why This Matters Now

The Ohio Supreme Court has amended the Rules for the Government of the Bar of Ohio, stating that lawyers in private practice must carry malpractice insurance or complete a proactive ethics course to remain registered and avoid suspension from practice.

According to the amendment:

“An attorney who...discloses the attorney does not have professional liability insurance shall not be permitted to register and shall be subject to suspension...until the attorney either completes the Office of Disciplinary Counsel’s proactive management-based regulation curriculum...or obtains professional liability insurance” (Gov. Bar R. VI, §10(B)(2)(a)).

This rule applies to all private practice attorneys, including solo, small firm, and part-time practitioners—a group previously more likely to opt out of coverage due to perceived lower risk or cost concerns.

Who Is Considered "Engaged in Private Practice"?

The revised rules define "attorney engaged in the private practice of law" as any attorney registered as active with the Ohio Supreme Court—excluding corporate counsel, government lawyers, military legal assistance attorneys, emeritus pro bono attorneys, or those no longer practicing.

If you're serving even a small number of private clients on a part-time basis, you are legally required to comply with the new rule beginning in 2025.

What Happens If You Don’t Comply?

Noncompliance carries significant consequences:

  • Ineligibility to Register: You will be blocked from renewing your biennial registration.
  • Immediate Suspension: You will be summarily suspended from practicing law in Ohio until compliance is achieved.
  • Reinstatement Requirements: You must either submit proof of insurance (including policy number and coverage details) or complete the ethics curriculum offered by the Office of Disciplinary Counsel.

Special Considerations for Part-Time Lawyers

1. Cost-Benefit of Malpractice Insurance

Part-time attorneys often believe that their lower caseload or informal practice model reduces risk. However, malpractice claims can arise from even minor oversights, and litigation defense costs can quickly exceed any expected savings from going uninsured.

The new rule changes the calculus entirely: insurance is no longer optional.

2. Ethics Curriculum vs. Insurance

The only alternative to coverage is completion of a CLE-accredited curriculum focused on ethical law practice management. While this option is free, it may be time-intensive and may not be a one-time exemption, depending on future enforcement policies.

Still, this option may be viable for new part-timers, those transitioning into retirement, or lawyers in extremely low-risk practice areas.

Insurance Requirements: What to Look For

When purchasing professional liability insurance, you’ll need to report the following to the Office of Attorney Services:

  • Name of insurer
  • Policy number
  • Coverage amount and duration

Most insurers offer policies tailored for part-time or low-volume attorneys, which may help reduce premiums while satisfying state requirements.

Key Deadlines & Action Items

Task Deadline Notes
Review your registration status Before Jan 2025 Make sure you're classified correctly as "engaged in private practice"
Obtain or renew malpractice insurance Before your biennial registration date in 2025 Confirm the policy meets Ohio requirements
Consider ethics curriculum if not purchasing insurance Before registration date Only an option if you choose not to get insurance
Report insurance details to the Office of Attorney Services Within 30 days of obtaining coverage Required for compliance

Benefits of Having Malpractice Insurance

Even before it was mandatory, malpractice insurance offered strong peace of mind:

  • Defense Cost Coverage: Legal fees for even groundless claims can be substantial.
  • Client Trust: Many clients view insurance as a sign of professionalism and accountability.
  • Compliance Simplicity: Compared to tracking curriculum requirements, maintaining a valid policy may be more straightforward.

Let Us Help You Navigate This Change

At PT Pro, we specialize in malpractice insurance for part-time lawyers in Ohio. Our flexible, affordable policies are designed for professionals like you—solo attorneys, side-practice lawyers, and semi-retired practitioners.

Why Choose Us?

✅ Policies tailored for part-time workloads
✅ Fast, easy enrollment
✅ Compliant with Ohio's 2025 rules
✅ Responsive claims support
✅ Free coverage consultation

Get a quote today and stay focused on serving your clients with confidence.

Final Thoughts

With the 2025 deadline approaching, now is the time for Ohio attorneys—especially part-time lawyers—to make informed, proactive decisions about malpractice insurance. Whether you choose to purchase coverage or complete the ethics curriculum, failing to act could result in suspension and reputational harm.

For most, securing a well-matched insurance policy offers the best balance of compliance, protection, and professional peace of mind.

Frequently asked questions

I only handle a few estate plans a year—do I still need coverage?

Yes. If you accept any private legal clients, you are engaged in private practice and must comply.

 

No. You must complete the ethics curriculum before registration if you don’t have insurance.

No, one or the other is sufficient. However, switching back and forth may create additional administrative burdens.

No. Our annual minimum premiums start as low as $500.

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