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."
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. Jonathan Kanov & Howard Mankoff, shareholders at Marshall Dennehey, oversee 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.