Recognition
In September
2016, Marshall Dennehey's Professional Liability Department was recognized as
the Pennsylvania "Litigation Department of the Year" for both medical
and non-medical professional liability by The
Legal Intelligencer. The practice group was selected for its
focused approach and responsiveness to clients. Read "Ready to Roll:
Marshall Dennehey Puts Clients' Needs First."
Overview
Since the
inception of Marshall Dennehey’s Professional Liability Practice Group, we have
recognized that professional firms and service providers are frequently at risk
of being sued over the services they perform.
Because of our
experience and expertise, our professional liability attorneys are the first
choice for professionals sued for alleged negligent acts, errors or omissions,
or other alleged failings while rendering their services.
Our
Professional Liability Practice Group is broad-based. It includes many senior
attorneys who have significant experience in the defense of large-exposure,
politically sensitive and complex cases. We thoroughly examine each case upon
intake to ensure the right attorney with the appropriate experience defends
that case for that particular professional.
Our offices are
centrally linked by state-of-the-art computer networking. Our clients realize
added value from our extensive network of offices: travel time is sharply
reduced, and the attorneys working out of these offices and living in these
respective areas are intimately familiar with local practice and enjoy a good
rapport with the judges before whom they frequently appear.
Recognizing the
need for a cost-effective approach to the defense of professionals, our firm is
dedicated to providing our clients with quality, timely and economical service.
We are on the cutting edge in developing innovative and alternative billing
practices.
The
Professional Liability Practice Group serves clients throughout Pennsylvania,
New Jersey, Delaware, Ohio, Florida and New York. We welcome the opportunity to
work with you in handling your professional liability litigation. We are also
available to furnish value-add services, such as presentations/training
seminars at your location or at one of our offices.
Lawyers'
Professional Liability
Marshall
Dennehey Warner Coleman & Goggin is uniquely positioned to defend lawyers’
professional liability (LPL) claims. We have been doing so for over three
decades. In addition to defending civil matters, we also represent attorneys in
disciplinary matters, and we furnish counseling and risk management advice to
law firms.
Our familiarity
with the bench and bar fosters our ability to manage sensitive issues inherent
in many legal malpractice and bar complaint matters. Representing our brethren
at the bar requires tact, finesse, experience and poise—the attorneys of this
practice group are especially sensitive to reputational issues.
The
prototypical legal malpractice case involves two matters: the act or omission
of the attorney and the underlying lawsuit or transaction. Marshall Dennehey’s
clients benefit as a result of the capability found in our more than thirty
distinct practice groups. For example, when a legal malpractice claim derives
from an underlying medical malpractice matter, members of our Health Care
Liability Practice Group bring depth and added knowledge to the defense of the
matter.
In addition to
the firm’s prowess in defending attorneys and their firms, Marshall Dennehey is
proud of its success in providing creative solutions to traditional legal
issues. The attorneys within the practice group look for “business solutions”
and have structured the resolution of cases by resurrecting the underlying
transaction which gave rise to the legal malpractice claim.
The attorneys
within this practice are involved in precedent-setting matters. Also, we are
thought leaders in the professional liability industry as frequent authors and
speakers on risk management and legal malpractice defense.
In addition to
defending these claims in the six states where our offices are located, we try
cases as lead counsel on a national basis and associate with local counsel when
necessary. The firm is fortunate that it has provided counsel to respected
lawyers from essentially every domestic insurance carrier and has represented
lawyers through the London market.
Disciplinary
Board Practice
The conduct and
actions of attorneys are governed by a complex series of rules of professional
conduct, rules of civility and ethical practice considerations. However, when
attorneys are faced with having to defend their actions and/or conduct in
disciplinary proceedings, very few are ever fully prepared to address the
situation head-on. The quasi-judicial and quasi-administrative nature of the
disciplinary process can be intimidating. Attorneys who choose pro se representation in a
disciplinary proceeding may find themselves uninformed and may take an action
that has unintended consequences.
Our
highly-respected and experienced attorneys are recognized leaders in legal
malpractice. They frequently counsel attorney clients and respond to matters
before disciplinary boards and/or agencies in the states of Pennsylvania, Ohio,
New York, New Jersey, Delaware and Florida. Our attorneys are well-versed in
the procedures governing the disciplinary process in all of the jurisdictions
where they serve. Please consider reaching out to us if you find yourself
called before a disciplinary board or panel.
Accountants'
Professional Liability
A discrete
group of attorneys in the Professional Liability Practice Group staff the
accountants’ professional liability (APL) team. These attorneys focus on the
defense of any size accounting firm, person or practice in federal and state
courts in all jurisdictions in which the firm has offices. In addition to
defending civil matters, these attorneys represent accountants in disciplinary
matters and provide counseling and risk management advice to individual CPAs, PAs, bookkeepers and
their related firms.
Members of our
accountants’ professional liability team are intimately familiar with the
nuances of accounting practices, and one attorney is also a CPA. They are
well-versed in the various types of claims and litigation an accounting
professional may face, for example, an attest engagement or provision of
bookkeeping services.
The typical
accounting malpractice case involves myriad legal doctrines, many of which have
evolved from cases handled by members of the Marshall Dennehey team. This group
of attorneys prides itself on being at the forefront of these legal issues, and
it applies that forward-thinking approach to each defense engagement.
In addition to
being in the vanguard of decisional law in accountants’ malpractice matters,
our team members frequently operate risk management hotlines for accountants
across the country. These attorneys publish articles in CPA journals, insurance
industry publications and legal periodicals—all directed toward the nuances of
the issues with which accountants are faced each day in their practices.
Accountants’
Professional Liability Hotline – Our firm partners with several national
carriers to provide hotline/pre‐claim assistance to its
accountant insureds. Wilhelm Dingler, a shareholder at Marshall Dennehey,
oversees this hotline program.
Marshall
Dennehey is proud of its success in presenting creative solutions to
traditional legal issues. The attorneys within our APL team look for “business
solutions” and have structured the resolution of cases by resurrecting the
underlying transaction giving rise to the malpractice claim. Our attorneys have
been successful in obviating claims and litigation by appearing in Tax Court to
assist an insured’s client in successfully reversing an audit finding or
assessment by the IRS.
Not every
accountants’ malpractice case is actually litigated. Indeed, a great many
liability claims are actually resolved without resorting to litigation. Others
are resolved through alternative dispute resolution (ADR) proceedings. Such
proceedings are qualitatively different from court proceedings and in many
respects require a different skill set. Our team is flexible and experienced
enough to assess which cases belong in ADR versus traditional litigation, and
we will assist you and your insureds in directing your matters to the
appropriate forum for the most expedient, cost-efficient solution.
Miscellaneous
Professional E&O Liability
When it comes
to defending clients in miscellaneous professional liability (MPL) matters, all
of our professional liability attorneys have experience in defending clients in
these claims.
Over the years,
our attorney’s have handled thousands of professional E&O matters in all of
the six states where we maintain our offices. Many of our professional
liability attorneys have significant experience in the defense of
large-exposure, politically sensitive and complex cases. Our attorneys counsel
and defend a broad client base, including, but not limited to:
Advertising/Marketing/Public Relations • Alarm
Monitoring Services • Associations • Auctioneers • Background Screeners •
Bookkeeping and/or Tax Preparation Services • Business Brokers • Cell Tower
Acquisition/Leasing • Employment Agencies/Staffing Services • Environmental
Analysts • Event/Conference Planning • Freight Forwarders/Customs House Brokers
• Graphic Designers • Human Resources Outsourcing • Insurance Agents and
Brokers • Landman Services • Life Coaches • Management and Strategic
Consultants • Medical Billers/Coders • Medical Practice Management • Payroll
Processors • Probation Officers/Ankle • Professional Employer Organizations •
Specialty Consultants • Technical Writers • Trustee Services • Utility/Energy
Credit Brokers
Real
Estate E&O Liability
Our firm’s Real
Estate E&O Liability team provides experienced and knowledgeable litigation
defense to real estate professionals. In each of our offices, we have attorneys
handling such claims who possess intimate knowledge of the relevant statutes,
regulations and case law. We represent real estate agents, real estate brokers,
title agents, home inspectors, appraisers and mortgage brokers, and our
attorneys aggressively defend their cases from the commencement of litigation,
without a “ramp up” period.
Our attorneys
have handled hundreds of real estate liability cases. They have successfully
defended real estate licensees in state and federal courts in cases involving,
for example, allegations that sellers and licensees failed to disclose known
material defects with respect to real property and/or made affirmative
misrepresentations regarding conditions of real property. In such cases, our
attorneys possess a competitive advantage because they are familiar with the
licensing statutes and accompanying regulations, as well as the various states’
seller’s disclosure laws.
This team of
attorneys also have extensive experience defending title agents in claims for
indemnity made by title insurance underwriters and by third parties/insureds
for problems that allegedly arise from real estate closings. Once again, our
attorneys possess a working knowledge of the Real Estate Settlement Procedures
Act and the policies and contractual relationships governing the
interrelationship between parties in these cases.
Additionally,
we have represented real estate licensees and appraisers before state licensing
boards and commissions. We are intimately familiar with the real world problems
faced by real estate professionals, and we anticipate and identify developments
and trends in the industry before they become apparent to the legal and
insurance communities at large.
Although we are
committed to litigating such matters through trial if necessary, we are often
able to obtain favorable early settlements, which satisfy our clients’ goals of
cost-effective and efficient litigation defense. Our trial attorneys are adept
at identifying the core issues in these cases, and they work closely with our
clients to ascertain whether a non-litigation remedy exists and whether
alternative dispute resolution is more appropriate.
The Real Estate
E&O Liability team serves clients in Pennsylvania, New Jersey, Delaware,
Ohio, Florida and New York. Consistent with our firm’s proactive approach and
philosophy, we welcome the opportunity to present educational seminars and
workshops as a mutually beneficial introduction to one another.
