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Does your attorney have malpractice insurance? (What you need to know)

In Georgia, attorneys are NOT required by law to carry professional liability (malpractice) insurance. This means some may practice without it—putting you at risk if something goes wrong (e.g., harder to recover losses).

You have no automatic right to this information, but you absolutely should ask:

  • “Do you carry malpractice insurance?”
  • “Can you provide proof (e.g., policy declarations page)?”

Red Flag: If they refuse, hesitate, or admit no coverage—consider walking away. A good attorney will be transparent.

Protect yourself: Always verify their license/status on the State Bar of Georgia website (gabar.org) and ask about insurance in your initial consultation.

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Do you feel that Georgia judges are fair in divorce and/or child custody cases?
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Should the State of Georgia require a 6-month “cooling down period” before anyone files for divorce?
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Should Georgia’s “best interests of the child” standard be more objective?
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As a pro se litigant in Georgia, what’s your biggest hurdle?
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Is Georgia’s equitable division of assets/alimony fair in practice?
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Has your trauma been mistaken for “instability” in GA family court?
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How effective is GA’s child support enforcement in your experience?
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Do you feel GA courts favor one parent over the other in custody battles?
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What is the biggest plague you have faced in GA divorce/family court?
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Should judges in Georgia have absolute immunity from personal liability for mistakes or errors in divorce and custody cases?

Judges in Georgia generally cannot be held personally liable for mistakes or errors in their rulings, including in divorce and custody cases. This protection is known as judicial immunity, a longstanding legal doctrine designed to allow judges to make decisions without fear of personal lawsuits, ensuring the independence of the judiciary. However, this doesn’t mean they’re above accountability—there are other mechanisms, like appeals, ethics complaints, or removal processes, to address issues.

Did you know? 

In 2023, the Judicial Qualifications Commission (JQC) received 1,348 complaints about judges in the State of Georgia and was a record high.  This increase shows an uptick in public scrutiny.  Of those complaints, 1,248 were dismissed after initial review.  Only 95 lead to investigations and 47 were resolved.  There are 1,800 judges that serve in Georgia, so it may be safe to say the complaints are a small fraction compared to their case loads.

However, if we require doctors to have insurance and be held liable for errors, shouldn’t judges as well?