Legal Ethics & Malpractice
The practice of law is a business and a profession. Crowell & Moring's Professional Liability practice responds to the needs of lawyers and law firms in both respects. We represent our clients on law firm formation, organization, governance and management; professional ethics and discipline; defense of malpractice claims; law firm dissolution and partner departures. We also serve as expert witnesses in malpractice and ethics proceedings.
In addition to their years of experience in representing lawyers and law firms, our professional liability practitioners have held trusted positions in the Bar where they have had responsibility for professional ethics and disciplinary matters. They include lawyers who: served as president of the District of Columbia Bar; served on the District of Columbia Board on Professional Responsibility; chaired the DC Bar's Legal Ethics Committee and co-chaired the Bar's Disciplinary System Review Committee; teach legal ethics at area law schools; lecture regularly to Bar groups on ethics and malpractice issues; served on the grievance committee of the District Court for the District of Columbia; serve on the Committee on Unauthorized Practice of the District of Columbia Court of Appeals; serve on the DC Bar's Rules of Professional Responsibility Review Committee.
Our Practice
Expert Testimony on Malpractice and Ethics Matters
We are frequently called upon by our clients to provide expert witness statements and testimony in civil litigation and disciplinary matters. Because we follow ethics law so closely, we are able to provide this service in an expeditious and cost-effective manner. We have been qualified by courts as experts in malpractice litigation.
Defense of Malpractice Claims
Our lawyers are experienced in the representation of lawyers and law firms in malpractice cases, where we bring to bear considerable litigation experience and a deep understanding of the legal principles applicable to legal malpractice claims. We also understand the role of the insurer in malpractice litigation and work with our clients to avoid difficulties in that relationship.
Counseling on Law Firm Governance, Mergers and Break-ups
We have advised numerous law firms and individual lawyers on intra-law firm issues, we have drafted and revised law firm partnership agreements, and we have counseled parties to law firm break-ups and defections on their rights and duties to clients and to fellow partners. We have also provided representation where disputes over partnership rights and duties have led to arbitration or litigation.
Mediation and Arbitration of Lawyer-client Disputes
It is often in a professional's best interests to confront potential client claims with an early assessment of liability exposure and related risks to the firm of a public, and often publicized, malpractice proceeding. When we are engaged early in the client claim process, we can often work with the parties (and the insurer) to achieve a prompt and economical solution that avoids the expense and distraction of malpractice litigation.
Counseling and Representation on Professional Responsibility and Disciplinary Matters
Ethics rules often present difficult questions for lawyers and other professionals during representations. We counsel on conflict of interest, confidentiality and privilege, and withdrawal questions that lawyers may encounter in difficult client relationships. When ethics inquiries are made by Bar Counsel, we can help. We know how the disciplinary systems work, and we are experienced in representing clients in disciplinary proceedings.
Some examples of our work representing lawyers and law firms:
- When managing attorneys of some of the branch offices of a multi-city law firm breached their partnership obligations in the course of their resignations, we successfully represented the law firm in enforcing its rights both in federal court jury trial and in related arbitration proceedings.
- When a former client brought malpractice and disciplinary charges against a District of Columbia lawyer, we represented the lawyer in both and achieved resolutions which had no adverse impact on the lawyer's practice.
- When lawyers with a major national law firm were subpoenaed to testify in a bankruptcy proceeding with respect to the firm's handling of a major financing transaction, we were engaged to represent the firm and the lawyers.
- We represented an attorney the SEC sued in an injunctive action in federal court in New York over his role in the publication by a publicly traded company of allegedly false statements with regard to the ownership and value of the company's principal assets.
- We represented a large national law firm in ethics investigations before a federal agency, a federal court and bar disciplinary authorities.
- We represented a multi-city law firm in resolving difficult ethical questions arising from its handling of client funds over many years.
- We have represented numerous individual lawyers in District of Columbia and Maryland Bar Counsel investigations and disciplinary proceedings.
- We provided an opinion letter to a law firm which used it to resolve a serious conflict of interest complaint by a major client, without loss of the client relationship.
- We counseled a group of lawyers planning to depart a large, national law firm which allowed them to execute their plans with no loss of client relationships and with no residual disputes with their former law firm.
- We serve as outside ethics counsel to several Washington area law firms.
For further information, contact Barry Cohen or Andrew Marks (Washington, DC) or Daniel Sharp or Ethan Schulman (San Francisco).
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