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Professional Negligence

It is clear that today’s business and governmental environment involves increasing regulatory scrutiny, including the recent passage of substantial legislation directly affecting professionals, as well as a groundswell of litigation against lawyers, accountants and other professionals stemming from a volatile business climate. In addition, courts and regulators also have imposed expanded duties, with attendant liabilities, on the professional and business fiduciary. There is no question that delivering effective legal representation for professionals has become more critical than ever before. McCarthy Lebit has a long history of providing such effective legal representation for the professional, before litigation and in it.

Who We Are

For decades McCarthy Lebit’s Professional Negligence group has been called upon to defend major law firms and accounting firms and their partners against claims of professional negligence, intentional misconduct, conflicts in interest and other claims of ethical violations, and claims of criminal conduct and SEC violations. Our team has an unparalleled record of successfully litigating claims against professionals at the trial and appellate levels throughout the country.

Our attorneys provide direct defense for professionals on individual cases in courts, before regulatory bodies or in arbitrations and mediations. We also manage significant portfolios of matters related to errors and omissions insurance, miscellaneous professional liability insurance and other forms of coverage, providing all associated services, such as litigation, practice & risk management, regulatory, investigations & ethics, associations & networks and transactional matters.

How We Help

Our service to certain professionals, such as healthcare providers and insurance producers, includes representation in licensing, staff privileges and similar matters before administrative agencies and regulatory boards. In addition, lawyers in our business-related practices counsel professional business organizations on an array of issues including creditors rights, mergers and acquisitions, real estate transactions, and restrictive covenant enforcement.  

McCarthy Lebit’s Professional Negligence attorneys provide counseling, representation and advocacy services to a wide range of professionals and businesses in areas including:

  • Attorney and judicial professional responsibility and legal malpractice
  • Accountant liability
  • Actuary liability
  • Insurance agent and broker errors and omissions litigation
  • Liability of business and financial planners and consultants
  • Real estate agent and broker liability
  • Securities brokers’ and consultants’ responsibilities under applicable laws and regulations
  • Cases and investigations prompted by state and federal regulators in insolvencies of regulated businesses
  • Civil and criminal RICO exposure
  • Insurance implications and risks associated with professional liability

The firm has a long history of counseling individuals, professionals, small businesses and major corporations on issues unique to their professional and business endeavors. By drawing on the depth and breadth of substantive areas of practice throughout the firm, members of the Professional Negligence group collaborate with other McCarthy Lebit lawyers to respond to the particular needs of professionals facing potential licensing or liability risks and concerns.

Who We Represent

Attorneys in our Professional Negligence group counsel and represent licensed professionals such as accountants, architects, attorneys and law firms, and insurance agents and brokers when disputes arise following the provision of services. 

Clients include the professionals as well as the insurers who underwrite their professional liability exposures. One of our strengths is advising insurers (particularly in excess or quota share programs) when their insured professional is brought into litigation, where we monitor, work with defense counsel and coordinate with other insurers.