The problems of applying professional liability insurance law to the lawyer profession

Abstract

Professional liability insurance is a crucial instrument for protecting both lawyers and clients from legal risks arising during the practice of law. Although the Law on Lawyers 2006, as amended and supplemented in 2012 and 2015 stipulates the obligation to purchase professional liability insurance for law-practicing organizations, it does not impose a similar requirement on individual practitioners. This legal gap reduces the effectiveness of client protection. Furthermore, the current supervisory mechanism and sanctioning measures remain insufficiently stringent to ensure effective enforcement of these regulations. This article assesses the current law on application of professional liability insurance in Vietnam, examines and contrasts with those of the United Kingdom and France, then proposes policy recommendations related to professional liability insurance in legal practice.