The number and type of professional liability cases filed each year continues to grow as plaintiffs’ lawyers seek out more novel ways in which to recover for their clients. As a result, professionals ranging from architects to real estate brokers are increasingly finding themselves subject to legal challenges for actions they take in performing their duties. The need for experienced counsel to defend these actions has consequently become essential.
Hinshaw has one of the largest and most respected professional liability practices in the United States, with more than 125 attorneys who have extensive experience in the defense of diverse professional liability claims. Our clients include accountants, directors and officers, lawyers, medical professionals, insurance and real estate brokers, as well as design professionals, including architects, engineers and surveyors.
Having developed a solid record of success in representing professionals in both disciplinary hearings and litigation, we utilize our insights and foresight to advise on best practices and risk management techniques designed to avoid such events in the first place.
Hinshaw has represented large national accounting firms, as well as local and regional firms, in various matters and forums and on diverse professional liability questions. Our professional liability practice includes several lawyer/CPAs, whose skill-set uniquely enables them to effectively handle these cases.
We have served as counsel to accounting firms in securities class action lawsuits, as well as in suits by acquirers or sellers of business entities, banks and other lenders, bankruptcy trustees, and bank and insurance regulators. Additionally, we have represented accountants in investigations by professional licensing bodies, the Securities and Exchange Commission, the Internal Revenue Service, state and local governmental units and grand juries.
Agent & Brokers Errors and Omission Liability
Hinshaw has wide-ranging experience representing agents and brokers in the insurance, real estate and securities industries in matters alleging errors and omissions, negligence and fraud. We also provide extensive counseling and training on risk management practices in order to prevent or avoid claims.
Architects, Engineers & Design Professionals Liability Litigation
Hinshaw advises and counsels architects, engineers and other design professionals in all aspects of their professional risk management. We defend both the largest firms as well as solo practitioners against liability claims. We also provide advice on office practices and contracts for professional services. Enjoying daily contact with these professionals, we have developed a network of professional experts at our disposal for both consultation and expert testimony.
Director and Officer Liability
Corporate decisions are under greater scrutiny than ever before, and the odds that directors and officers will face litigation have increased dramatically. We are highly experienced in handling disputes involving issues ranging from massive fraud to simple oversight. Our knowledge in this area spans numerous industries and companies, from privately-held to publicly-traded. We also serve as counsel for carriers that underwrite indemnity policies. In this capacity, we often monitor the defense strategies of the insured's counsel.
Hinshaw is a recognized leader in representing, counseling and defending lawyers, law firms and their insurers in legal malpractice matters. In the course of handling more legal malpractice cases through trial than any other law firm in the country, we have contributed significantly to shaping the law and litigation of malpractice claims. Hinshaw is also a leader in the number of published appellate decisions on these types of actions.
Hinshaw attorneys have likewise authored the leading treatise on the subject of legal malpractice, “Legal Malpractice” (5th Ed., West Publishing) and the principal handbook on risk management, “Risk Management: Survival Tools for Law Firms” (2nd Ed., American Bar Association). We have also chaired virtually every notable bar-related organization and committee dedicated to the law of practicing law and are frequently asked to speak at events on this subject. In addition, we sponsor and organizer of the Legal Malpractice & Risk Management Conference (LMRM), the premier annual event focused on the important and current developments in the law governing the legal profession.
With more than 50 attorneys specializing in medical malpractice defense, Hinshaw is among a handful of law firms with considerable national depth in medical malpractice. We have successfully represented large health systems, hospitals, physicians and physician groups, nurses, nurse midwives, chiropractors, dentists, mental health institutions, psychiatrists and psychologists, pathologists, osteopaths and nursing homes.
We have also adopted and continue to develop innovative practices for defending medical practice actions. We also understand that these claims can cause enormous financial consequences. So we leverage our experience in seeking to minimize or eliminate their immediate and long-term economic effects by carefully determining whether aggressive litigation tactics or sound negotiations are the soundest course of action.
Securities Broker/Dealer Liability
We have represented broker-dealers and registered representatives in the defense of a variety of securities-related claims, including those alleging unsuitable investment recommendations, improper sales practices, negligent supervision, blue sky violations, churning, breach of fiduciary duty and breach of contract. Our attorneys have represented these parties in numerous arbitrations before the National Association of Securities Dealers, now known as the Financial Industry Regulatory Authority (FINRA).