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Legal Malpractice Law - Defendants - America
About this Practice AreaDavid Ackerman defends law firms in professional malpractice and legal ethics actions. A Fellow of the American College of Trial Lawyers, clients value his litigation experience and strategic insight in resolving disputes through trial and appeals, negotiation, or arbitration. Ranked by Chambers USA , where he is described as “an even-keeled, thoughtful and smart attorney,” he is repeatedly recognized by Florida Trend’s Legal Elite and included in The Best Lawyers in America...
John Allen focuses his practice on business and commercial litigation. He is a Board Certified Civil Trial Advocate, by the National Board of Trial Advocacy. With over 30 years experience handling legal problems, John has written and co-written dozens of articles and books, and speaks frequently to business and law groups. On a regular basis, he teaches courses in law and trial practice to other lawyers, and often serves as an expert witness. He is a certified arbitrator and mediator.
PRACTICE AREAS Trials Commercial Litigation Bet-the-Company Trials Class Actions White Collar Criminal Defense EXPERIENCE Kay is a seasoned trial attorney, having tried over 100 jury trials to verdict. She represents both plaintiffs and defendants in a broad range of high-stakes commercial litigation and white collar cases. Chambers USA ranks her among the top commercial litigators in California, quoting sources who describe Kay as “having great instincts and clients listen breathlessly...
David P. Atkins is a member of Pullman & Comley’s Litigation Department and leads its Professional Liability Section. He practices in the areas of professional liability, commercial litigation, appeals and administrative proceedings. Attorneys, law firms, CPAs and health care professionals seek David to represent them in malpractice, licensing, court sanctions and disqualification proceedings, ethics and disciplinary (grievance) matters. His extensive experience includes handling di...
Founding partner Keith M. Babcock grew up in Haddonfield, New Jersey, and has practiced law in South Carolina for almost 40 years. His practice consists almost exclusively of litigation, with a concentration on business disputes, eminent domain, and professional negligence. He has an outstanding reputation for representing real property owners in eminent domain actions, as well as other disputes. He is the only South Carolina lawyer in Owners' Counsel of America , a national eminent domain or...
Donald H. Bacon is a member of Friday, Eldredge & Clark’s Management Committee and a partner in both the Litigation Practice Group and Medical Malpractice Practice Group. While he has represented a diverse set of clients in a variety of litigation, most recently, his focus has been in the area of professional liability representing lawyers, doctors, accountants and insurance agents. In addition to representing them in court, he has represented lawyers before the Office of Profession...
Evan Banker joined Chalat Hatten & Banker as an associate after his admission to the Colorado Bar, and became a partner in 2012 after four years with the firm. Evan has secured numerous successful settlements for his clients, and where settlement was not possible, verdicts in his clients' favor. His notable trial experience includes one of the largest auto/pedestrian verdicts in Colorado history – an $18.1 million verdict – and a defective product case against Ford Motor Co. w...
Rick Bass practices in the area of complex commercial and product liability litigation. He has substantial experience in the representation of financial institutions and the litigation and settlement of class actions, mass tort and other complex matters. Mr. Bass is a frequent lecturer on litigation issues, and for several years has served as Adjunct Professor of Trial Advocacy at Mississippi College School of Law. He also served on the faculty for the NITA Gulf Coast Deposition Program.
A. Bernard “Bernie” Bays is a Director of the firm. Mr. Bays has over 50 years of experience successfully representing clients in over 150 landmark Hawaii litigation cases. Mr. Bays focuses his practice in the areas of complex commercial litigation, business litigation, real estate litigation, trusts and estates litigation, legal malpractice law-defendant litigation, real estate law and land use and zoning law. Mr. Bays is Board Certified in Civil Trial Law by the National Board o...
Keith has substantial experience litigating complex commercial matters in a variety of contexts, including business torts, injunctive proceedings, legal malpractice defense, and claims against directors and officers. He has served as lead counsel in the defense of class actions. Additionally, Keith represents broker-dealers and investment professionals in the litigation, arbitration, and regulatory arenas. He has been involved in evidentiary injunctive matters on a broad range of issues, incl...
David J. Beck is consistently recognized as one of our country’s best trial lawyers. This recognition has grown from the consistent results he has achieved for his clients in his more than forty years of practice. From the smallest disputes to the billion dollar cases, David understands the importance of each case to his client, and he approaches each with the same intensity and integrity that has served him - and his clients - so well for so long. For David Beck, every case is a story ...
Josh Bendor’s practice focuses on civil litigation, appeals, and professional liability. His work often involves matters of public law, including constitutional law and election law, and he has represented clients in a variety of complex, high-profile lawsuits in Arizona. He also represents lawyers and law firms in malpractice actions and disciplinary matters. His commercial litigation clients range from Fortune 500 companies to small businesses. Josh maintains an active pro bono practi...
Paul Berg splits his time between managing the firm and his litigation practice. Paul’s practice focuses on complex business and commercial litigation, along with personal injury and wrongful death actions. Paul co-authored the 2009 supplement to the “Case Investigation” chapter of the Oregon Civil Litigation Manual .
William has over 25 years of trial and appellate experience. He represents accountants, lawyers and other professionals in malpractice cases, advises insurers and litigates policy-coverage and bad-faith matters, and helps business clients with disputes about intellectual property and other complex commercial matters. William’s excellence as a counselor and litigator comes from being genuinely attentive and accessible to his clients, from analytical and organizational skill, from lucidit...
In 1978, Jim became a founding partner of what was then Hunt Thompson & Bowie. His current practice with Thompson Bowie & Hatch LLC focuses on commercial litigation, insurance counseling services and professional liability. His exceptional reputation in the legal community is built, in part, on his successful involvement in cases which have helped shape Maine law. Not only is he a veteran of countless jury trials in both state and federal court, as well as non-jury trials, arbitration...
Doug Brothers has more than 30 years of experience in a wide variety of complex litigation matters, representing both plaintiffs and defendants in trials, appeals, and arbitrations. He has obtained and collected numerous large awards and settlements in a wide range of matters spanning the following practice areas: Commercial and Business Litigation Securities Litigation Financial Fraud Litigation Fiduciary Litigation Construction Litigation Intellectual Property Litigation Trade Secret Litiga...
Mr. Brown heads the firm’s Commercial Litigation Section as well as its Professional Liability Practice Group. He is a member of the firm’s Board of Directors and serves as the firm’s Loss Prevention Partner. His practice focuses on complex litigation, including banking and contract disputes, professional liability litigation, legal malpractice defense, antitrust litigation, trusts and estates litigation, First Amendment litigation, and Education law. For over two decades, Mr. Brown has succe...
Trevor A. Brown represents clients in both litigation and transactions. His real estate experience ranges from resort acquisition and development to acting as trial counsel to establish beach access rights based on Kingdom of Hawaii land use. Mr. Brown’s corporate experience ranges from negotiating corporate restructurings to acting as trial counsel to force the break-up of related land development corporations. Mr. Brown holds Martindale-Hubbell's® highest possible professional rat...
Graeme W. Bush advises senior executives and professionals and litigates on their behalf in complex disputes. With more than 30 years’ experience as a litigator and 15 years as Zuckerman Spaeder’s chairman, Graeme brings a rich perspective in important business and professional disputes through litigation, settlement, and trial. Graeme maintains a broad litigation practice that focuses on complex commercial and regulatory matters. From advising law firms and lawyers in major civil...
Jim Chalat is proud to have been named to Best Lawyers in the fields of professional malpractice and personal injury. Jim was first named to Best Lawyers in 2014, and has appeared in every edition since. Best Lawyers named Jim as the 2017 Lawyer of the Year in Denver for Plaintiff's Professional Malpractice law, and was also named in 2022 as Lawyer of the Year in Plaintiffs' Legal Malpractice Law - Denver. Jim was admitted to practice in Colorado in 1977. He is a member of the American Board ...
Bill Cobb is sought after for his defense of professionals, particularly in the fields of law, insurance, real estate and securities brokerage. He represents professionals across Texas, in state and federal courts, as well as in administrative disciplinary proceedings. Mr. Cobb also represents businesses and business owners in litigation and arbitration. He is often called on to work as Texas counsel with out-of-state law firms, representing businesses, product manufacturers and distributors ...
Steve is the founding partner and chair of the Personal Injury and Criminal Defense practices at O’Connell and Aronowitz. Under his leadership, our firm has become one of the most active personal injury and criminal defense law firms in upstate New York. Few lawyers in the area have excelled in both the personal injury and criminal defense fields. With over thirty five years of experience at the state and federal levels, Steve is considered one of the most successful trial lawyers in th...
Steve Collins is a partner practicing in the firm’s Litigation & Trial Practice and Securities Litigation Groups. His practice focuses on (1) securities litigation, investigations and enforcement proceedings; (2) financial services litigation; and (3) transaction-based litigation, as the principal components of a commercial litigation practice. Securities Litigation and Investigations: Mr. Collins represents clients in SEC, stock exchange and state securities investigations and enfo...
John J. Connolly represents individuals and business entities in civil litigation and appellate matters. He focuses in particular on representing lawyers and law firms in legal malpractice claims, disciplinary proceedings, and ethical disputes. John has represented individuals and businesses in business torts, insurance coverage disputes, securities and consumer class actions, employment disputes, and a variety of common law contract and tort actions in federal and state courts. John has also...
Terrence M. Connors has been recognized by his peers as one of the pre-eminent trial attorneys in the state. For the past seven years, he has been ranked as the number one lawyer in all upstate New York by Super Lawyers magazine. This year, the Erie County Bar Association named him Lawyer of the Year and, in 2006, the New York State Bar Association awarded him the prestigious Attorney Professionalism Award. He is a fellow of the American College of Trial Lawyers. Membership in that organizati...
Michael J. Corso is chair for the Tort and Insurance Litigation practice area. His current civil trial practice area is heavily involved in the defense of non-medical professionals, including lawyers, accountants, architects, engineers and surveyors, copyright/trademark infringement, product liability and also more general tort defense matters in litigation. Mike frequently writes and speaks on issues regarding the defense of non-medical professionals and law office risk management issues to ...
Rick has over 40 years of experience litigating complex commercial cases of all types in state and federal court, as well as in arbitration. He has represented a host of clients in bet-the-company litigation involving common law and statutory business torts, contract disputes, state and federal securities law violations, shareholder derivative claims, class actions, director and officer liability, lender liability, partnership issues, real estate issues, employment matters, RICO, and independ...
Allen David's civil litigation trial practice focuses on the defense of professional liability claims. He primarily represents lawyers and law firms against complex claims of malpractice. In addition to his trial experience, Mr. David has significant appellate experience in both state and federal courts. His articles and book chapters in the areas of legal malpractice, insurance law and financial institution law have appeared in numerous publications. Mr. David is the author of the profession...
Mr. Delo practices primarily in the areas of medical malpractice defense, healthcare law, personal injury, and commercial litigation. He focuses his practice on the defense of physicians in medical malpractice cases on behalf of the largest medical liability insurer in Arizona and other carriers. Mr. Delo has significant experience in litigating healthcare coverage issues and has represented health maintenance organizations (HMOs) in numerous matters. He also represents physicians in discipli...
John has extensive experience in complex commercial litigation, including handling numerous trials, hearings and other matters before state and federal courts in the areas of contracts, business torts, trade secrets, real estate, securities, intellectual property, partnership and products. He has represented large multi-national clients, as well as regional and local businesses and individuals in a variety of business disputes. In light of this diverse experience in litigating business issues...
H. Robert Fiebach joined Cozen O’Connor in February 1995. He is a member of the firm and resident in the Philadelphia office. In addition to his trial experience, Robert is an accomplished appellate advocate. He has successfully handled many appeals within his practice areas in the Pennsylvania Superior and Supreme Courts and the U.S. Court of Appeals for the Third Circuit. Robert has also successfully handled appeals in the Federal Courts of Appeal for the Second and Fourth Circuits. H...
Jim Figliulo is a trial lawyer with more than 40 years of experience in business-related litigation and a founding partner of Figliulo & Silverman. He has a track record of success in jury and bench trials in federal and state courts, and arbitrations. He has represented clients in a wide variety of business and real estate related disputes. Jim also has served as an arbitrator and mediator. He also has extensive appellate court experience, including oral arguments before the U.S. Supreme...
Meticulous attention to detail is an understatement when it comes to the way Bruce Habian conducts his practice. Whether scrutinizing a plaintiff ’s relevant medical history, examining the minute details of a hospital record, or thoroughly studying all published works concerning his cases’ medical subject matter, Bruce literally “leaves no stone unturned” when he prepares for trial. In his words, “Only when I start seeing repetitive reference citations do I know ...
Jonathan Hafen has extensive experience representing clients in federal and state courts. He has been widely praised by clients and peers for his skilled and efficient approach to litigation. As a trial lawyer, Mr. Hafen handles a wide variety of litigation, including cases in the areas of securities law, employment law, breach of contract, land disputes, road disputes, intellectual property, disputes over ownership and control of businesses, class actions, and construction law. Mr. Hafen&rsq...
Dave Hersh is a civil trial lawyer with the skill, passion, and experience to win your case. When your business or health is on the line, Dave is the advocate you want in your corner, fighting for you. For more than 35 years Dave has focused his practice on civil trial work. Dave thrives on handling complex civil cases, presenting them simply, effectively, and persuasively to a jury. Dave has tried well over 145 civil jury trials to verdict and has “tried” scores of civil arbitrat...
Randy Johnston is a name partner in the Dallas-based litigation firm of Johnston Tobey Baruch. Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, Mr. Johnston has consistently earned recognition as one of the top trial lawyers in Texas during the past 30 years. Although perhaps best known for his work representing plaintiffs in legal malpractice claims, his experience covers a wide range of matters involving professional services, fiduciary duty, investment fraud, ...
E. Stewart Jones, Jr. is the 3rd generation attorney to lead the highly acclaimed law firm that bears his name. His commitment to excellence is matched by his compassion to serve, as demonstrated by his professional success and tireless contributions to the community in which he lives and works. Recognized as one of the Best Lawyers in America, E. Stewart Jones, Jr. has been represented countless individuals and families, won high-profile cases, major civil and criminal cases, and obtained re...
Ronald Kammer focuses on the representation of insurers nationally. He has been involved in many significant third party coverage disputes including cases that interpreted an insurance company’s duty to defend and indemnify, breach of policy conditions, claims involving bad faith and unfair and deceptive trade practices, as well as coverage obligations for construction defect, pollution, trademark and patent infringement claims. Mr. Kammer also handles first party coverage disputes, inc...
Marc J. Kaplan is a practicing trial lawyer, special master and arbitrator. Having been certified by the National Board of Trial Advocacy, Mr. Kaplan is a formidable advocate in court. Mr. Kaplan provides to the firm expertise in civil litigation and appeals, including complex divorces. Mr. Kaplan practices in all civil areas of the law, but primarily in the areas of family law and legal malpractice. Kaplan is the Immediate Past President of the Colorado Trial Lawyers Association, represented...
Joe has represented hundreds of accountants and lawyers in cases alleging malpractice, racketeering, securities fraud, breach of fiduciary duty, and breach of contract. He has represented directors and officers in claims involving finance, real estate, and corporate governance. Joe has particular experience in real estate issues including: RESPA; TILA; title insurance, real estate fraud, and secured lending. He is occasionally asked to try cases outside the state of Georgia usually in matters...
Legal Malpractice Law - Defendants Definition
While former clients are the most common plaintiffs, lawyers and law firms also can be sued by individuals or entities that they never represented. Former clients typically bring claims for legal malpractice (also known as professional negligence), alleging that a lawyer or law firm failed to properly handle a business transaction, lawsuit or some other matter. Depending on the circumstances, the former client may also assert claims for breach of contract or breach of fiduciary duty. Persons who were never clients of a lawyer may be able to bring a professional negligence or breach of fiduciary duty claim against the lawyer if they can show that they were expected to receive the benefit of a lawyer’s services or were otherwise owed a duty by a lawyer. Lawyers also can be sued for allegedly aiding and abetting torts committed by their clients, such as fraud, breach of fiduciary duty, or malicious prosecution.
Lawyers who sue or defend lawyers and law firms need to have the experience and judgment to assess the strengths and weaknesses of these claims and efficiently manage their litigation. Because legal malpractice plaintiffs are obligated to prove that a lawyer’s conduct fell below the standard of care, which is often the subject of expert testimony, lawyers prosecuting and defending legal malpractice claims must understand the applicable law and make effective use of expert testimony. They must also understand, and critically analyze, the plaintiff’s burden of proving that the lawyer’s or firm’s conduct resulted in actual harm, which in many jurisdictions requires a plaintiff to prove “the case within a case.” Some available defenses are unique to legal malpractice cases. Lawyers handling legal malpractice and breach of fiduciary duty claims should also have a firm grounding in the ethical rules governing lawyers’ conduct, since such claims often arise from alleged violations of those rules and their assertion may implicate a lawyer’s ethical obligations.
Our Methodology
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
The Process
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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