Professional Liability

All Capehart Scatchard litigation defense attorneys who focus on Professional Liability are committed to the protection of the professionals that we represent.  We accomplish this by being the best at what we do and by staying abreast of the latest developments in this changing practice area, including the multitude of ethics rules in the many jurisdictions where we routinely appear.  We also offer consultative and advisory services to law firms and insurers alike in the areas of risk management and professional responsibility.  Our goal is to prevent or minimize unnecessary litigation by seeking efficient and effective resolution of the case while maintaining the highest professional standards in the defense of our professional liability clients and their insurers in the following areas:

  • Lawyers Malpractice
  • Architects and Engineers
  • Insurance Agents and Brokers
  • Corporate Officers E&O
  • Real Estate Agents and Appraisers E&O

Our Approach

The winning defense of any legal malpractice claim involves the effective defense of the underlying case.   The key advantage of Capehart Scatchard’s Professional Liability Practice Group is its ability to draw upon the expertise of our in house legal attorneys who routinely practice in all areas of the law as experts in every case no matter what the underlying case involved.   Led by with our AV rated trial counsel and appellate attorneys, our approach yields a more cost effective and expeditious resolution of the case by minimizing the need for outside experts and consultants.  Our professional liability clients enjoy a speedier resolution to their cases which can pose a distraction especially in high-profile cases.  Capehart Scatchard’s full-service law firm background allows us to defend attorneys in a broad spectrum of professional disputes in any and all practice areas including regulatory, real estate, banking, financial, commercial, personal injury, bankruptcy, tax, labor and estates.  Capehart Scatchard is also experienced in defending defend attorneys and related professionals such as real estate and insurance brokers and agents, real estate appraisers, home inspectors.  We work with some of the nation’s top insurance carriers.

Scope of Our Legal Malpractice Defense Services

When it comes to the defense of a professional, law firm, or attorney, staffing is the key. Every professional liability or legal malpractice case is assigned to an experienced litigator who supervises the day to day defense of the case such as pleadings, motions, discovery, and all reporting requirements. Depending on the nature of the underlying case or legal service at issue in a given case, the litigation attorney defending the professional consults with the appropriate Capehart Scatchard practitioners on substantive issues posed the unique facts of the case.

Our primary areas of substantive practice include:

  • Banking and Financial Services
  • Bankruptcy/Creditors’ Rights
  • Business and Tax
  • Commercial
  • Environmental
  • Family Law
  •  Labor and Employment
  •  Litigation
  • Real Estate Transactions
  • Wills, Estates & Trusts
  • Workers’ Compensation

Our Results

The following results are just a sampling of the results achieved by our Professional Liability team through early intervention and aggressive file handling:

  • Motion to dismiss granted (in lieu of Answer) in legal malpractice suit involving underlying bankruptcy case.  Insured represented debtors in bankruptcy discharge.  Plaintiffs alleged file mishandling, delay, and excessive fees.
  • Legal malpractice suit filed against insured lawyer’s estate dismissed by summary judgment for failure to file affidavit of merit.
  • Favorable settlement of legal malpractice suit arising from missed statute of limitations.  Underlying case involved medical malpractice suit by minor for bed sores against nursing home.
  • Motion for summary judgment granted in favor of insured in NYC legal malpractice case after Plaintiff fails to identify any actionable negligence on part of insured.

Our People

Capehart Scatchard has created the right mix of highly experienced attorneys and paralegals who have established outstanding track records during their long careers with us. Our professionals understand our clients’ needs for effective and efficient service, and we strive to exceed their expectations. Because we are attorneys first, we are sensitive to the impact that even a frivolous malpractice claim has on your insureds and their firms. As one of the oldest law firms in the tri-state area, we understand the need to preserve our client’s image in the legal community and we work with your insureds and local media to maintain firm image particularly in cases of high profile cases.

The Capehart Scatchard Professional Liability Department includes:

  • Christopher J. Hoare, Esq.- Department Chairman
  • William Wright, Esq.
  • Kurt Kramer, Esq.
  • Laura Danks, Esq.

Capehart Scatchard’s Professional Liability Group is available to present private in-house seminars on any topic of interest in the field of professional and lawyers’ malpractice at your office or ours.