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Professional Liability Blog

We explore and analyze current issues and relevant topics to help accountants, attorneys, architects and engineers, insurance agents and real estate brokers avoid a professional liability case.

Professional Liability Blog
April 20, 2016

Solo Practitioners Beware: Failure to Follow Multiple Rules of Professional Conduct Can Equal Indefinite Suspension of Law License

IntroductionIn Erie-Huron Cnty. Bar Assn. v. Smith, 2016 WL 911280 (Ohio Mar. 10, 2016), the Ohio Supreme Court upheld the Board of Professional Conduct’s ruling to indefinitely suspend a solo-practicing attorney’s law license. The Supreme Court held an indefinite suspension was warranted due to the attorney’s failure to file bankruptcy petitions on behalf of his clients, failure to return advanced fees, failure to deposit advanced funds into a client trust account, and failure to notify clients he lacked professional liability insurance.

Professional Liability Blog
February 28, 2016

Insurance Company Prevails after Denying Coverage for Attorney’s Wrongful Conduct

In Gandor v. Torus Nat’l Ins. Co., 2015 WL 6043621 (D. Mass. Oct. 15, 2015), the U.S. District Court for the District of Massachusetts granted an insurer’s motion for summary judgment finding there was no professional liability coverage for two underlying claims stemming from an attorney’s alleged malpractice in handling his client’s appeal of a zoning decision.

Professional Liability Blog
January 4, 2016

Lawyers Mixing Legal Counsel with Business Interests? Not So Fast

IntroductionIn Burk & Reedy, LLP v. Am. Guarantee & Liab. Ins. Co., 89 F.Supp.3d 1(D.D.C. 2015), the U.S. District Court for the District of Columbia examined a professional liability insurer’s duty to defend when the insured attorney is involved in both the legal and business aspects of a failed transaction. The case serves as an apt reminder for attorneys to be mindful of their ethical obligations at all times, and how an alleged failure to follow those ethical obligations may impact the extent of their malpractice insurance coverage.