Professional Liability

More than ever, today’s professionals face a multitude of claims, ranging from errors and omissions, negligence and breach of contract claims against licensed professionals to breach of fiduciary duty, misrepresentation, and other claims against directors and officers. Professionals are increasingly subjected to claims by creative plaintiffs’ lawyers – and our attorneys are right by their side, defending them every step of the way. 

We represent professionals, licensed or otherwise at any and every stage, from pre-suit analysis and resolution through trial and appeal. We analyze the underlying facts and law, and work with our clients to find the most advantageous means to resolve the dispute, whether through settlement or trial. 

The wealth of experience and knowledge in our firm allows us to achieve the best result we can as efficiently as possible. We collaborate with our colleagues to analyze the underlying issues in any given field or area of law, often avoiding the expense of retaining outside consultants. We draw on  knowledge from our colleagues in the corporate, and labor and employment groups to strengthen our defense of directors and officers when those fields are implicated. Our clients benefit from our ability to blend that focused perspective into our overall strategy.

Above all, we are sensitive to and appreciate the fact that our clients are not just in business, but are business professionals. Our clients take their obligations to their profession and their own clients seriously. For that reason, many clients understandably see these claims not just as legal issues, but as personal attacks. This dynamic is valued by our attorneys and is factored into every matter we handle. 

Areas of Practice

We work with a wide variety of professionals to protect their legal interests, both before and after a dispute arises. Our attorneys understand the regulatory framework that governs professionals.  We represent and counsel clients on all aspects of their work, from initial engagement letters and contracts, internal protocols and risk management, and the termination of their projects and relationships.  We also defend professionals and their insurance carriers when claims and lawsuits do arise, from responding to the initial complaint all the way through providing vigorous representation at a trial, arbitration, mediation, or administrative hearing and any appeal. 

Some of the areas in which we advise and defend professionals are:

Accountants

• Audit procedures and reports
• Compilations
• Prevention and detection of fraud
• Fiduciary duties
• Privity
• Reviews
• Third party discovery
• Maintenance of work papers
• Independence
• Contract review
• Risk management
• NASD litigation
• Defend negligence and fiduciary claims

Architects & Engineers

• Negligence
• Personal injury
• Construction defect
• Construction management
• Design defect
• Structural defect

Attorneys

• Compliance with statutory liability under the Debt Collection Practices Act
• Conflicts of interest
• Attorney disciplinary proceedings
• Sanctions motions under state and federal law
• Partnership liability
• Avoidance of litigation claims
• Real estate collection and bankruptcy
• Pre-claim investigation and negotiations
• Litigation arising out of varied practice areas, including:
• Estate planning
• Family law
• Marital dissolution proceedings
• Probate proceedings
• Bankruptcy proceedings
• Commercial transactions
• Workers’ Compensation claims
• Personal injury lawsuits
• Commercial litigation
• Real Estate transactions

Consultants

• Systems implementations
• Independence issues
• Outsourcing
• Litigation support

Directors & Officers

• Investigations
• SEC filings and investigations
• Derivative actions
• Breach of fiduciary duty claims
• Corporate and nonprofit governance

Financial advisors

• Defend financial advisors in FINRA arbitrations

Insurance Professionals

• Procurement/renewal/cancellation of policies
• Failure to forward claims 
• Adequate communication with insurers and insureds
• Estate planning and insurance annuity
• Liabilities arising from insurance product sales
• MGAs
• TPAs
• Brokers

Real Estate Professionals

• Conflicts of interest
• Intentional/negligent misrepresentation
• Breach of fiduciary duties
• Avoidance of appraisal errors
• Representations regarding financing arrangements
• Lease disputes
• State and federal agency investigations
• Commission disputes
• Risk management

Pharmacists 

• Represent before the medical board
• Defend against claims of wrongfully dispensing opioid medication

Litigation Oversight and Monitoring

• Develop early resolution plan
• Negotiate rates
• Supervise and implement defense
• Counsel on risk avoidance and transference
• Review bills
• Advise coverage
• Coordinate counsel
• Audit