Legal Malpractice and Professional Liability

Claims against lawyers are an increasingly common feature in today’s legal landscape.

The landscape of legal malpractice has changed significantly in recent years. Legal malpractice cases are steadily increasing and have become a staple of most plaintiff’s attorney’s book of business. With expert witnesses an 1-800 number away, the old notion that one lawyer would not sue another has vanished.

No one wants to be the target of a legal malpractice suit, either by a client or non-client.  If that occurs, Brinker & Doyen, L.L.P will provide an early and realistic analysis to determine the best approach to litigate or resolve the case. We will fight to bring the suit to a successful conclusion.

We are well equipped to handle straightforward issues to more complex and higher dollar matters. The “case within a case” makes legal malpractice matters somewhat unique. Approaching these cases requires an analysis of the claims and defenses in the underlying matter and legal malpractice case.  The solution requires an excellent rapport among the attorney handling the legal malpractice case, the attorney client, and expert witnesses or consultants.

Over the years, we have handled a variety of legal malpractice matters.  A few examples are:

  • We obtained a summary judgment on behalf of our client in a legal malpractice case where the underlying matter involved the resolution of a complex federal criminal matter based upon a healthcare provider allegedly engaging in illegal billing practices to a governmental entity;
  • We assisted our client in obtaining summary judgment in a case where the petition sought damages in excess of $30 million. The underlying case involved a patent infringement lawsuit that took approximately twenty years from commencement to end;
  • We worked with our client to obtain a dismissal of a lawsuit brought by an estate’s beneficiary claiming tortious interference by the personal representative attorney in the handling of the estate that spanned almost a decade;
  • We received a summary judgment in favor of our client in an action brought by multiple shareholders of a family owned business alleging negligence and conflict of interest on the part of the company’s outside general counsel with representation spanning over ten years;
  • Our client was dismissed from an action based on the Private Securities Litigation Reform Act and breach of fiduciary duty claims arising out of a class action settlement involving the merger of two financial institutions.

Our representation also extends to other professions and entities. Our attorneys have successfully represented insurance agents and brokers, boards of municipalities, engineers, and surveying companies.