Opinion
June 28, 2006.
On June 28, 2006, it was ordered by the Justices that the Rules of the Supreme Judicial Court be amended as follows:
Rule 4:02 By inserting the new subsection 2(A) set out below; Rule 4:02 By deleting subsection 3 and inserting in lieu thereof the new subsection 3 set out below.
It was further ordered that the amendments accomplished by this order shall take effect on September 1, 2006.
Rule 4:02, subsection 2(A)
Professional Liability Insurance Disclosure.
(a) Each attorney shall, as part of the annual filing required by subsection (1) of this rule and on forms provided by the Board for this purpose, certify whether he or she is currently covered by professional liability insurance. Each attorney currently registered as active in the practice of law in this Commonwealth who reports being covered by professional liability insurance shall notify the Board in writing within thirty days if the insurance policy providing coverage lapses or terminates for any reason without immediate renewal or replacement with substitute coverage.
(b) The foregoing shall be certified by each attorney in such form as may be prescribed by the Board. The information submitted pursuant to this subsection will be made available to the public by such means as may be designated by the Board.
(c) Any attorney who fails to comply with this subsection may, upon petition filed by the bar counsel or the Board, be suspended from the practice of law until such time as the attorney complies. Supplying false information or failure to notify the Board of lapse or termination of insurance coverage as required by this subsection shall subject the attorney to appropriate disciplinary action.
Rule 4:02, subsection 3
Failure to file. Any attorney who fails to file the statement or any supplement thereto in accordance with the requirements of subsections (1), (1A), (2), and (2A) above shall be subject to suspension in accordance with the procedures set forth in Rule 4:03.