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Professional Malpractice & Liability

The hallmark of a profession is that the conduct of its members is regulated by a governing body, which may be internal and entirely self-regulating or under the auspices of a government agency. Professionals by their nature have acquired a higher degree of education and specialized skill, such that their clients and customers trust and rely on them for advice and services. Professionals are therefore required to perform according to the standards set by their profession, and they can be held liable for malpractice when they fall below these standards.

The attorneys at Schwed Kahle & Kress, P.A. handle a wide range of professional liability matters across a number of licensed professions in the state of Florida, including lawyers, accountants, architects and engineers, and others. We know that sometimes professionals make mistakes that cause financial harm, and that sometimes clients are unhappy with the outcome of a situation through no fault of the professional. Professional malpractice cases can involve complex, high-stakes litigation requiring a high degree of knowledge, skill and experience to resolve.

Lawyers – Lawyers must practice competently and ethically according to the Florida Rules of Professional Conduct. It is often necessary in a legal malpractice case for the client to prove not only that the lawyer was negligent, but that the outcome of the representation would have been different but for the lawyer’s negligence. This may require trying the underlying the matter – the case within the case – as part of the malpractice litigation. Our firm’s experience in civil trials enables us to provide insightful advice, strategy and representation in this aspect of the case.

Accountants – Accountants may be held liable for harm done by providing incorrect tax advice or preparing and filing incorrect or even fraudulent tax returns.

Architects and Engineers – Design professional liability stems from damages caused by defective design documents, which can result in increased construction costs, delays, and even injuries to workers or building occupants.

Corporate Directors and Officers – Corporate directors and officers are typically covered by D&O insurance for negligence which causes damages to shareholders or employees. These policies, however, typically contain a large degree of exclusionary language for any number of acts or types of claims. Litigating corporate D&O claims requires the assistance of attorneys with a depth of experience handling insurance claims litigation and analyzing and interpreting complex and highly technical insurance documents.

Lawyers who Understand Professional Liability Litigation

Schwed Kahle & Kress attorneys are experienced in litigating professional malpractice claims, as well as litigation surrounding the applicability and coverage of Errors and Omissions (E&O) or professional liability insurance policies. Count on our team for insightful pre-suit strategy and effective representation at every stage of litigation, including mediation, arbitration, settlement, dispositive motions and trial. In Florida, contact Schwed Kahle & Kress for intelligent, sophisticated representation in professional malpractice claims.

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