A State-by-State Look at Legal Malpractice Coverage — How Georgia’s Voluntary Approach to Professional Liability Insurance Compares to Florida, South Carolina, and Beyond
As a law-firm or solo practitioner in Georgia, understanding your exposure to legal malpractice risk and how insurance fits into that risk profile is essential. While many attorneys focus on practicing law, fewer pause to consider what happens if a client alleges an error or omission in their representation. For Georgia attorneys, the landscape of professional liability insurance has particular features — and when you compare Georgia with nearby states (such as Florida and South Carolina), you’ll see both similarities and differences.
This post will help clarify:
- The state of LPL insurance in Georgia (how it’s regulated or not regulated)
- The benefits of carrying a policy, even in a state without a mandate
- How Georgia’s approach compares with Florida and South Carolina
- Key decision-points for Georgia law firms in assessing their coverage needs
LPL Insurance in Georgia — The Basics
In Georgia:
- Attorneys licensed in Georgia are not required by the State Bar of Georgia or by statute to carry legal malpractice insurance.
- There is also no requirement (as of current information) for attorneys to disclose to clients or publish their insurance status (insured vs. uninsured) as part of the annual license/registration process (unlike several other states).
- The State Bar of Georgia does offer resources and has recommended brokers for professional liability / malpractice coverage. For example, Member Benefits Inc. is noted on the Bar’s website as a recommended broker for attorneys’ professional liability insurance.
- Because coverage is optional, many Georgia attorneys choose to go without insurance (or with minimal coverage), leaving the firm and the lawyer personally exposed to claims. Some sources estimate that 10-25% of Georgia attorneys may lack coverage.
- While not required for attorneys, other professional liability contexts (e.g., for certain state employees, government programs) may carry related requirements. (But these don’t generally apply to private attorneys).
Key takeaway for Georgia attorneys: You are free to practice without carrying a professional liability policy, but you do so with real risk — and there’s no state-mandated “safe harbor” via insurance.
Why Coverage Still Matters in Georgia
Even though Georgia does not mandate coverage, there are strong reasons to carry LPL insurance:
- A legal malpractice claim can cost far more than the cost of a policy premium: defense costs alone — even for a meritless claim — can be significant.
- Clients increasingly ask about coverage (especially larger clients or institutional matters), and lacking insurance may undermine confidence or lead to loss of business.
- If you’re part of a firm, have partners, or handle higher-risk practice areas (e.g., complex commercial litigation, real estate closings, trusts & estates, estate litigation), you may face elevated exposure.
- Having coverage can support your risk-management efforts: working with carriers often gives you access to loss-prevention resources, checklists, and sometimes CLE or risk-alerts (as noted in carriers operating in Georgia).
- Since Georgia does not require disclosure, being uninsured may expose you to greater reputational risk (if a claim arises and you have no policy to respond).
For a law firm or solo practitioner in Georgia, the choice is not simply about compliance (you’re not mandated) but about risk strategy: “Can I afford to self-insure the risk?” For many firms the answer is no — especially if the firm has significant revenue, handles transactional or litigation matters, or has multiple attorneys.
Comparing Georgia with Florida and South Carolina
Florida
Florida does not require attorneys to carry legal malpractice insurance either. However, Florida attorneys must report annually whether they carry coverage. This introduces a transparency layer that Georgia lacks.
In Florida, clients and the public may have more visibility into a lawyer’s insurance status, which can influence client decisions. While both Georgia and Florida are non-mandate states, Florida’s disclosure culture promotes accountability and client awareness.
South Carolina
South Carolina attorneys are also not required by statute to carry professional liability coverage. However, the state has a Legal Professional Liability Insurance Joint Underwriting Association, a structure that ensures availability of coverage if the private market fails.
There is no blanket disclosure rule in South Carolina, so like Georgia, the decision to carry insurance rests with individual attorneys and firms.
| State | Mandatory Insurance? | Disclosure Required? | Notable Features |
|---|---|---|---|
| Georgia | No | No | Attorneys are not required to carry or disclose coverage; many go uninsured. |
| Florida | No | Yes | Attorneys must report insurance status annually. |
| South Carolina | No | No | Has a state-established Joint Underwriting Association for coverage availability. |
Why Georgia’s “No Mandate, No Disclosure” Model Matters
Because Georgia attorneys aren’t required to carry or disclose professional liability coverage, clients may assume coverage exists when it doesn’t. This creates a risk gap for both sides — attorneys face personal exposure, and clients may lack recourse if something goes wrong.
Choosing to carry insurance voluntarily signals professionalism and transparency. In a competitive market, this can differentiate your firm and provide peace of mind to both attorney and client.
Practical Considerations for Georgia Firms
When analyzing whether to carry legal professional liability insurance — and how much — consider:
- Practice area risk – High-risk fields (real estate, estate law, litigation) have higher claim frequency.
- Firm size – Solos may have fewer matters but also less capacity to absorb a claim.
- Policy structure – Limits, deductibles, and defense-cost terms vary by carrier.
- Multi-state exposure – Firms practicing in multiple jurisdictions should ensure cross-border coverage.
- Client expectations – Institutional clients often require proof of insurance.
- Risk management – Carriers frequently offer free CLEs and checklists to help prevent claims.
- Marketing advantage – Promoting that your firm carries malpractice insurance can inspire confidence.
How Professional Liability Services Inc. Helps Georgia Lawyers
At Professional Liability Services Inc., we understand Georgia’s voluntary insurance environment. We help attorneys and firms by:
- Comparing coverage options from multiple carriers that specialize in Georgia lawyers
- Tailoring limits and deductibles to your firm’s practice and exposure
- Advising on multi-state and cyber liability endorsements
- Providing renewal support and claims guidance
- Helping solo and small firms access affordable coverage
For Georgia attorneys, carrying professional liability insurance isn’t mandatory — but it’s wise. Compared with Florida and South Carolina, Georgia’s lack of disclosure requirements makes the choice entirely yours. Without insurance, a single claim could threaten your reputation and financial stability.
By partnering with Professional Liability Services Inc., you can secure comprehensive protection and peace of mind — without overpaying or being tied to a single carrier.
