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Input Requested: Disclosing errors and malpractice

By Robin M. Wolpert
Lawyers Professional Responsibility Board

In 2009, the Lawyers Board issued Opinion 21, stating that lawyers have an ethical duty to their clients to disclose errors that may provide a reasonable basis for a non-frivolous malpractice claim. This year, the board is considering revisions to Opinion 21 to bring it into conformity with ABA Opinion 481. We would like the input of the bar and all stakeholders regarding the parameters of the duty to disclose.

Your input is not just “nice to have,” it is critical to the board’s decision-making process. We make better decisions when we get the input of the legal community. We therefore welcome the comments recently published by William Wernz and ask others in the legal community to take a few moments to review our proposed amendments and provide feedback.

You can find the amended draft of Opinion 21 here: You should direct your comments on the proposed amendments to Susan Humiston, Director of the Office of Lawyers Professional Responsibility at The deadline for providing comments is August 16, 2019. Thank you in advance for your attention to these important issues.

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