Legal Malpractice DefenseWhen a relationship deteriorates between a lawyer and a client, it has been our experience that emotions often play an inordinately large part in the dispute, especially when a client is unwilling to accept unproductive litigation or might be frustrated by adverse outcomes. Our defense team, experienced in these situations, approaches each case with a dedication to defend the attorney and the attorney’s alleged actions or inaction, demonstrating in many instances that the cause of the former client’s problem is unrelated to the legal representation. We often request dismissal of lawyer liability claims through dispositive motions when the plaintiff client cannot establish his/or her claims as a matter of law. While these motions are frequently successful, we simultaneously develop early resolution strategies such as alternative dispute resolution (ADR), consistent with our clients’ objectives. When necessary, we position the case for trial by continuing our zealous representation of the attorney.
Suits initiated by attorneys to collect fees can be particularly sensitive, as they frequently result in counterclaims for malpractice. Here again, we have been successful by informally mediating the fee claim through a review of the quality of service provided, the results obtained and the total fees outstanding. Our goal is reaching early resolution and avoiding fruitless litigation.
Our representation has included mid-size firms as well as solo practitioners, and we have provided counsel to firms in addressing ethical or practice-related questions that arise when representing clients. We also provide risk management advice and services. We understand the importance of working with both defendants and their insurance carriers in cases involving malpractice insurance.
We have incorporated law firms of all sizes and have written and amended partnership agreements for law firms; assisted in law firm mergers and dissolutions, and provided advice to lawyers leaving or joining law partnerships.