When claims of professional malpractice arise, the reputation of the attorneys and law firms involved are on the line. Recognizing the high stakes at issue for our clients, we leverage Boies Schiller’s reputation as top trial lawyers to zealously defend our clients against claims of wrongdoing and minimize their exposure to penalties or negative publicity.
We have had the privilege of representing major national and international law firms in their most challenging and complicated matters with great success. We have defeated malpractice claims on motions to dismiss and at summary judgment, obtained favorable settlements, and successfully litigated malpractice actions through trial. We serve as defense counsel to major law firms on multiple matters, creating efficiencies and relationships with in-house counsel.
We are often consulted by our clients in the early stages of a potential matter, and we provide advice on the possible avenues to a successful outcome, including options for settling before a case has been filed. Because of the possibility for reputational harm, we understand the importance of confidentiality in these matters, and we work with clients to identify and minimize any spill-over effects from a malpractice claim.
Our attorneys have significant experience in this area, having advised clients on matters including a $5 billion malpractice claim arising out of one of the country’s largest Ponzi schemes, in which we obtained a favorable ruling from the Fifth Circuit affirming a broad doctrine of attorney immunity from suits by non-clients; an eight-week jury trial on an $800 million malpractice claim, which ended when the court granted our motion for a directed verdict on the damages claim, leading to an immediate settlement for a modest insured amount; a transactional malpractice claim related to the sale of a company for $200 million, which ended in summary judgment in favor of our client; a derivative malpractice claim in which we obtained summary judgment based on the plaintiff’s failure to satisfy the prerequisites for bringing a derivative action; a suit by the receiver for a defunct corporation seeking $80 million in damages, which concluded in the receiver dropping the claims against our client after defendants moved to dismiss; and a breach of fiduciary duty claim which ended at the motion to dismiss stage based on the statute of limitations. We have also successfully defended attorneys in motions to disqualify, sanctions motions, and bar complaints. Additionally, we are knowledgeable on the various laws, rules, and regulations by which professionals must abide and we are regularly consulted by our clients in these areas.