Our Practice
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Professional Liability
CPW has defended a wide range of professionals, including attorneys, accountants, agents and brokers, and even judges, against civil claims related to their professional activities. Our legal malpractice work has involved defense of both individual attorneys and also law firms of varying size and makeup, including some of the major law firms in the San Francisco Bay Area. We have represented attorneys and their firms not only in cases by former clients but also in cases by former adversaries involving, for example, claims of malicious prosecution and abuse of process. CPW has developed a special expertise in responding to these claims through motions to strike authorized by California's anti-SLAPP statute.
CPW's work in defending agents and brokers has focused primarily in the insurance field, and the firm has represented such clients both separately and in conjunction with the defense of insurance companies joined as co-defendants. By arrangement with the Judicial Council, we have defended judges in civil suits alleging judicial improprieties as well as in disciplinary proceedings before the California Commission on Judicial Performance. On occasion, CPW also has represented parties bringing professional liability claims, and the firm believes that this broader basis of experience has made its attorneys more effective in both prosecuting and defending professional liability claims.
Representative Cases
- Defended a law firm from negligence and breach of fiduciary duty claims arising out of the firm’s alleged failure to properly oversee and evaluate an underlying estate surcharge proceeding for a client insurer.
- Represented an insurance agent in a claim by a homeowners’ association for misrepresentation of coverage in the course of the sale and renewal of an insurance policy.
- Represented a probate attorney in disciplinary proceedings before the State Bar that involved allegations of professional negligence and mishandling of client funds.
- Represented a business executive against an accounting firm that filed an improperly inflated W-2 income tax form in retaliation for a management dispute.
- Defended a law firm against a claim of malicious prosecution arising from underlying construction litigation.
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