PROFESSIONAL LIABILITY OF LAWYERS IN KAZAKHSTAN AND ABROAD: GROUNDS FOR LIABILITY AND FEATURES OF INSURANCE

Gulnar Kosshykyzy Izturganova, Uzduk Idressova, Elvira Bekbolatovna Ablaeva

2026

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DOI 10.52026/2788-5291_2026_81_3_165
Data confidence 70 medium
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Abstract

Ensuring the quality and reliability of qualified legal assistance is a fundamental condition for protecting the rights of citizens and individuals. The risks and errors that arise in the activities of lawyers raise the issue of legal liability for compensating the property damage caused to their clients who have sought legal assistance. One effective tool for reducing professional risks and eliminating professional errors, as well as a mechanism for improving the quality of legal assistance and ensuring effective protection of the property interests of clients and third parties, is the institution of professional liability insurance for lawyers, which has attracted the attention of the authors of this work. The legal categories of "legal" assistance and "qualified" legal assistance are studied. The risks and errors that may arise during the provision of legal assistance and the exercise of legal activities, as well as the factors that contribute to them, are investigated. The social and legal nature of the institution of professional liability insurance for lawyers is analyzed. The legislative and practical experience of neighboring countries (Belarus, Kyrgyzstan, and Russia) and foreign countries (Germany, Hong Kong, France, and the United States) in the field of professional liability insurance for lawyers is evaluated. The strengths and weaknesses of the studied institution are identified. In particular, there is a lack of fixed insurance amounts that are uniform for all lawyers, an exhaustive list of insurance risks for legal practice that are subject to professional insurance, and additional mechanisms that ensure the rights of clients and third parties to receive compensation for property damage from insurers. The study identified gaps and defects in legislation and practice, particularly in the analysis, forecasting, and management of risks in legal practice. The results of the study revealed the need for the state, lawyers, and their clients to have an institution for professional liability insurance for lawyers. The study concluded with comments, suggestions, and recommendations for further improvement of legal practice and insurance.