Practice Leader: Jennifer K. Saunders
Attorneys: View Attorneys in this PracticeProfessional Liability
Professional service providers are responsible for protecting and improving their clients' and patients' most vital interests – from their reputations to their health and well being, and from their finances and investments to their homes and businesses. Haight Brown & Bonesteel LLP understands the complicated roles of professional service providers and has been a leader in the litigation and trial of malpractice claims against professionals for more than thirty five years. Our experience also includes appeals, arbitrations, pre-filing efforts and administrative and grand jury proceedings.
We take the responsibilities of defending professional malpractice claims seriously and understand that the protection of our clients' reputations is a crucial consideration. Our goal is to obtain the most favorable conclusion, as quickly and efficiently as possible, so that our clients can refocus attention on their current clients. We approach the defense of any professional in a responsive and collaborative manner, recognizing that our clients possess the necessary expertise to help shape the most effective strategies and tactics. Our experience working with all major professional liability insurance underwriters enables us to facilitate the defense and achieve the prompt yet fair resolution of even the most complex and sophisticated cases.
The Professional Liability practice group is represented throughout the State of California. Its members have successfully resolved thousands of professional liability claims, including the successful defense of more than one hundred trials involving lawyers, accountants, design professionals, insurance agents and brokers, physicians and real estate brokers. We have been instrumental in developing and shaping this area of law. In 28 reported appellate decisions, the firm has been involved in creating law in areas ranging from statute of limitations to causation, and trial practice. Our attorneys regularly counsel and represent professionals in connection with ethical and professional responsibility matters, including conflicts of interest, client terminations, regulatory agency complaints, partnership agreements and disputes.
In short, Haight Brown & Bonesteel LLP is the leading firm with experienced attorneys enjoying long histories of substantive, "hands on" experience and expertise in the litigation and trial of malpractice claims against professionals throughout California.
The Haight Brown & Bonesteel Distinction
ATTORNEY MALPRACTICE
Our attorneys have successfully resolved, litigated or tried thousands of legal malpractice claims during the past thirty five years. From sole practitioners to the largest law firms, Haight Brown & Bonesteel LLP has represented legal professionals in most legal specialties involving numerous underlying actions and transactions. That experience has lead us to develop strong relationships with highly regarded experts in all areas of law, and a significant knowledge base in most practice areas. Always responsive to the sensitive and confidential nature of claims against legal professionals, we strive to avoid interfering with the needs of our clients. We recognize our clients' reputations are critical and adjust our strategies and tactics accordingly. Our attorneys are experts at balancing the resolution of legal malpractice matters as quickly as possible, with the needs, demands and intensity of litigation and trial practice. This successful strategy has made us among the leaders in this field. Our extensive experience permits us to rapidly analyze and respond, seize the initiative, define the key issues and stay ahead of our adversaries. That same experience enables us to counsel clients regarding State Bar issues, conflicts of interest, fee disputes and other aspects of the "business" of the practice of law.
ACCOUNTANTS
From tax matters to the most complex attestation or business advisory projects, Haight Brown & Bonesteel LLP has represented accountants and accounting firms in the defense of malpractice claims arising from all manner of client representation, including audit, review and compilation engagements, personal, corporate and estate tax returns and audits, purchase and sale transactions, loan restructuring, leveraged buyouts, management advisory services and other transactions. We have also represented major accounting firms in the defense of claims which themselves arise from complex commercial litigation matters. This group’s attorneys understand the unique nature of the accountant's role and relationship with clients, often counseling CPA's and their firms regarding specialized engagement letters, confidentiality agreements, fee disputes and "disengagement" arrangements. We regularly assist and represent accountants and accounting firms in responding to subpoenas requesting their clients' files in marital dissolution matters, business litigation and trust and estate matters – often the "first line" of defense in heading off potential litigation. Loss prevention training is also an area in which our attorneys have considerable experience.
DESIGN PROFESSIONALS
Our attorneys have represented architects and engineers in a variety of claims, including commercial building and condominium construction defects, heating, ventilation, air conditioning design defects, and recreational facility design defects. We have a former electrical engineer who worked in the aerospace industry for 12 years, and a architecture graduate among our ranks. Our attorneys have obtained victories in areas as diverse as the adequacy of construction design, the scope of contractual services and materials specification requirements, among the claims most frequently encountered by builders, architects and engineers. Additionally, we have expertise in matters involving site work plans and specifications, fire suppression systems, road design and contract and insurance coverage disputes.
INSURANCE BROKERS & AGENTS
Haight Brown & Bonesteel LLP has represented insurance brokers and agents in a wide variety of actions arising from the almost infinite variety of insurance contracts and risk management tools which exist in the market today. Because "coverage" under a particular policy is often at the heart of any negligence claim against brokers and agents, our extensive experience in representing primary, excess and life insurance carriers, as well as claims management organizations, in negligence, fraud and bad faith actions, is invaluable to the defense of such matters.
MEDICAL MALPRACTICE
We offer our clients a team of skilled attorneys and health care specialists with extensive experience in health professional liability and medical malpractice defense. Our vast experience includes litigation involving:
We pride ourselves on understanding and undertaking everything necessary to attain client objectives. Over time, we have cultivated excellent relationships with many of the most respected physicians and medical experts in the region. With their assistance, we are able to provide our clients with the most thorough medical malpractice representation available. Haight Brown & Bonesteel LLP represents leaders in major segments of the healthcare industry. Our clients include managed care organizations, acute care and specialty hospitals, skilled nursing and assisted living facilities, medical device manufacturers and pharmaceutical companies.
REAL ESTATE BROKERS & AGENTS
Our attorneys have represented national and local real estate brokers and agents in both commercial and residential matters involving claims of negligence, non-disclosure, fraud and breach of contract. We have also gained a well-deserved reputation in the burgeoning areas of lending and mortgage fraud.
ESCROW AGENTS
We have represented escrow agents in both commercial and residential matters involving claims of negligence, fraud and breach of contract. Our attorneys have, in conjunction with our representation of business, real estate and insurance professionals, gained considerable experience in all aspects of commercial transactions in which escrows play a major role.
Appellate Court Affirms Motion for Summary Judgment in Lawyer Professional E&O Case
July 8, 2010
Between 2001 and 2006, LaFollette, Johnson, DeHaas, Fesler & Ames represented Hryar Shahinian, a medical doctor, in five medical malpractice actions. In 2006, Shahinian sued LaFollette, and attorney Donald Fesler, a member of the firm, for malpractice and breach of fiduciary duty. In the underlying medical malpractice case, the lawyers represented a hospital where Dr. Shahinian performed surgery causing severe brain damage to a minor. The doctor was not named as a defendant in the case until after his deposition was taken where he was allegedly questioned harshly about a prior medical malpractice lawsuit. Shahinian also claimed the lawyer disclosed confidential information about him as a result of prior representation. The trial court granted defendants’ motions for summary judgment on the grounds that plaintiff could not establish that defendants owed him a duty of loyalty as a current client or that they breached the duty of confidentiality owed to him as a former client. The judgment was affirmed on appeal.
Special Motion To Strike Pursuant To California's Anti-Slapp Statute Granted
June 17, 2010
Represented an attorney who, along with his landlord client, was being sued for maliciously prosecuting a commercial unlawful detainer action. The complex underlying action not only involved the unlawful detainer action, but also 10 causes of action by the tenants against the landlord. After a three week jury trial, the tenants prevailed and were awarded approximately $100,000. The malicious prosecution action soon followed.
Haight Brown & Bonesteel made a special motion to strike pursuant to California's anti-SLAPP statute. The Court granted the motion, striking the plaintiffs' complaint, on the grounds that the plaintiffs could not show that the underlying unlawful detainer action was prosecuted without probable cause. Our client is entitled to his attorneys' fees for prevailing on the motion.
