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Professional Liability

Rogers Joseph O'Donnell 's Professional Liability Practice Group ("PLPG") specializes in representing lawyers and law firms throughout California. Many of the state's most prestigious law firms turn regularly to us for representation in lawsuits brought against them, for analysis of potential claims and for advice on legal ethics and law firm risk management.

The PLPG provides the following services:

Litigation
We represent lawyers and law firms in a wide variety of lawsuits, but particularly those alleging legal malpractice, breach of fiduciary duty or malicious prosecution. To defend those cases, we draw on our substantial experience as business litigators in such diverse fields as securities litigation, real estate litigation, business disputes and other commercial matters. Our attorneys combine that sophisticated litigation experience with specialized knowledge of the complicated rules governing lawyers, delivering a powerful response to claims against lawyers and law firms.

Claims Analysis
The PLPG's experience and expertise allows it to investigate and analyze claims for malpractice and breach of fiduciary duty even before litigation has been filed, including early identification of possible insurance coverage issues. With our written claims analysis in hand, a law firm s management (and its insurers) can make informed, intelligent decisions about how to deal with the risks involved in a potential claim before it ripens into litigation.

Insurance Issues
Rogers Joseph O'Donnell has attorneys who are experts in analyzing, advising on and litigating coverage disputes under professional liability policies.

Disqualification Motions
Our knowledge of the intricate rules governing conflicts of interest and disqualification allows us to maximize our clients' chance of prevailing on such motions.

Risk Prevention and Counseling Services and Products
We counsel lawyers and law firms on a wide range of issues, including conflict-of-interest problems, fee disputes, risk management, partnership disputes, disqualification motions, privilege questions and other ethical issues. We offer a broad range of educational seminars targeted to all levels, ranging from the basics through high-level seminars for firm management and risk prevention officers. The PLPG also licenses a wide range of risk-management materials designed to minimize the risks of claims -- and the amount of time practicing attorneys must devote to risk-prevention activities -- such as engagement policies and letters, ethical wall materials, conflicts manuals and form letters and risk management manuals.

Expert Services
PLPG attorneys use their expertise in business litigation and the law governing lawyers to serve as litigation consultants and testifying experts.

Representative Clients

Fenwick & West, LLP; Heller Ehrman White & McAuliffe; Sheppard, Mullin, Richter & Hampton LLP; Venture Law Group; and Wilson Sonsini Goodrich & Rosati.

Representative Cases and Issues
  • Summary judgment in suit against a Silicon Valley law firm for negligence in connection with formation of a limited partnership and venture financing
  • Defense of a Silicon Valley law firm and a name partner alleging legal malpractice, breach of fiduciary duty, and fraud in connection with formation of a start-up semiconductor company
  • Directed verdict for defendant in a jury trial in suit against a partner in a Eureka law firm sued for conflict of interest, negligence, and other tort claims in preparing estate plans for family members
  • Representation of a Silicon Valley law firm sued for negligence and other tort claims in connection with preparing an IPO for a high-technology client
  • Dismissal on motion of case regarding a Sacramento law firm and a name partner sued for conflict of interest, self-dealing, and negligence in their handling of real estate, corporate, and litigation matters
  • Summary judgment for Los Angeles law firm in suit alleging one of its partners conspired against a client in a personal business transaction
  • Successful handling of numerous motions for disqualification

References available upon request.

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Professional Liability Publications

Attorneys
Suzanne M. Mellard (chair)
Zachary M. Radford


Subscribe to our Professional Liability Newsletter:
The Professional Liability Practice Group publishes a quarterly newsletter, which alerts practicing lawyers to developments and trends in the law governing our profession. If you would like to be on our mailing list for this informative source of practice tips and warnings about malpractice traps, please call us at:
(415) 956-2828
or e-mail us at:
webmaster@rjo.com.