Professional Liability

PROFESSIONAL LIABILITY

At Cohen|Black Law, our focus is on protecting professionals, their practices, and their reputations. We represent various professional service firms and individuals against malpractice claims, in regulatory investigations and proceedings, before licensing boards, and in similar venues.

Cohen|Black attorneys are counselors and litigators: our focus is on early evaluation of claims, efficient resolution of litigation, and implementing loss prevention strategies with our clients so that after a claim is resolved, they may reduce the risk that another will occur. Our attorneys evaluate each claim with sensitivity toward issues of confidentiality and the impact the claim has on our client’s professional reputation, livelihood, and ongoing practice. At Cohen|Black, we understand that professionals are hired for their knowledge and expertise, and we welcome our clients to work closely with us as we develop litigation and trial strategies, and a resolution plan.

Professional Liability

PROFESSIONAL LIABILITY

At Cohen|Black Law, our focus is on protecting professionals, their practices, and their reputations. We represent various professional service firms and individuals against malpractice claims, in regulatory investigations and proceedings, before licensing boards, and in similar venues.

Cohen|Black attorneys are counselors and litigators: our focus is on early evaluation of claims, efficient resolution of litigation, and implementing loss prevention strategies with our clients so that after a claim is resolved, they may reduce the risk that another will occur. Our attorneys evaluate each claim with sensitivity toward issues of confidentiality and the impact the claim has on our client’s professional reputation, livelihood, and ongoing practice. At Cohen|Black, we understand that professionals are hired for their knowledge and expertise, and we welcome our clients to work closely with us as we develop litigation and trial strategies, and a resolution plan.

We represent professionals in a variety of specialties and related to a diversity of underlying claims and transactions. Our attorneys have experience representing clients in several professions, including the following:

  • Legal Professionals ~ including lawyers, law firms, and para-professionals
  • Construction Professionals ~ including architects, engineers, design professionals and licensed contractors
  • Healthcare Professionals ~ including physicians, nurses, nurse anesthetists, healthcare administrators, and other heath caregivers
  • Insurance Professionals ~ including brokers, agents, and carriers
  • Real Estate Professionals ~ including brokers and agents
  • Accounting Professionals ~ including accountants, attorneys, and tax professionals

We strive to ensure that our client’s defense is comprehensive, taking into consideration the applicable standard of care, particular governing statutes, codes, and practice standards which may impact both the case and our client’s practice as the case evolves through litigation. Our attorneys’ breadth of experience defending professionals gives them a deep understanding and enables them to simplify complex underlying issues for a judge and juror unfamiliar with the underlying subject area as the case progresses to trial.

Cohen|Black attorneys also assist insurance companies with coverage analysis of professional liability insurance policies. As coverage counsel, we evaluate coverage and investigate and monitor claims for both primary and excess insurance carriers. We are retained by insurance companies writing professional liability policies to bring rescission and declaratory judgment claims, and to defend coverage and against claims by policyholders and purported beneficiaries in bad faith breach of insurance contract litigation.

Cohen|Black Law takes pride in the fact that in a majority of the cases our attorneys handle for professional clients, the litigated issues are narrowed through dispositive motions practice prior to trial and that the cases are frequently resolved before trial. Our attorneys have developed case precedent in professional malpractice litigation, with a number of published and cited decisions. Cohen|Black attorneys have experience representing professional clients in state and federal court, private arbitration, before the Office of Attorney Regulation Counsel, the Department of Regulatory Agencies (DORA) and its affiliated regulatory boards, the Attorney’s General Office, and other regulatory venues.

Our attorneys have defended professionals in many contexts, including the following:

  • Discipline matters, including preparation of responses to requests for investigations and representation at hearing and on appeal
  • Responding to subpoena for deposition or trial/hearing witness, and for production of records in third-party litigation or enforcement actions
  • Risk minimization, including representing clients needing to self-disclose issues to regulators, when required or preferred
  • Responding to government investigations and grand jury proceedings
  • Reinstatement or readmission following suspension or disbarment from practice
  • Motion for admission, transfer, disability, or reinstatement from inactive status
  • Malpractice and negligence
  • Fraud and misrepresentation
  • Breach of fiduciary duty
  • Defamation and slander
  • Malicious prosecution and abuse of process
  • Attorney’s fees disputes
  • Breach of contract, wrongful disbursement, conversion, and civil theft claims
  • Negligence based on errors and omissions involving various types of insurance policies, including against claims of fraud and bad-faith
  • Auditing and accounting negligence, misrepresentation, and fraud claims based in financial reporting, tax work, and business consulting