Under Rule of Professional Conduct 3-410, which took effect Jan. 1, lawyers who do not carry malpractice insurance must notify their clients in writing — under most circumstances — that they are not insured.

Notification must be made at the time a client hires the lawyer if it is “reasonably foreseeable” that the representation will exceed four hours. If the insurance coverage later lapses, the attorney must tell the client within 30 days of the time he or she is no longer insured.

The rule does not apply to government lawyers and in-house counsel nor to legal services provided in an emergency to avoid prejudice to a client’s rights or interest. It also does not apply if the lawyer previously informed the same client that he or she was not insured.