Professional Malpractice

The Maloney Firm has broad experience in representing professionals and their former clients for disputes involving professional services. Claims against professionals oftentimes arise from allegations of negligence. Having handled cases involving attorneys, accountants, financial advisors, money managers, stock brokers, and physicians, the firm is well versed in the preparation for, and presentation of, these matters in trial. The Firm also understands the need for clear and persuasive expert testimony on issues such as the standard of care, causation, and damages to support the client’s claims or defenses.
 

Professional Misconduct

Beyond ordinary negligence, the Firm frequently see claims arising from allegations that professionals have engaged in affirmative misconduct. The firm has represented clients in numerous suits where it was alleged that the professionals breached their fiduciary obligations by engaging in such conduct as:

  • Billing fraud
  • Structuring and participating in conflicted transactions
  • Embezzlement
  • Trust account violations
  • Investment fraud
  • Failing to make material disclosures to their clients
Representative Professional Malpractice Matters

Recovered $3.4M in the representation of a businessman in claims against his former attorneys, accountant, and financial advisor arising from a conspiracy to sell the client an expensive and defective tax plan. The scheme involved undisclosed and illegal sharing of fees among the various defendants which resulted in an indictment. The matter settled on the eve of trial with the amount reflecting the return of the fees paid for the tax plan and more.
 

Representation of client whose attorney could not account for $400,000 in costs advanced to the firm. Matter settled shortly after the complaint was filed with the attorney agreeing to pay the money back to our client as the settlement outcome.
 

Representation of a businessman in claims against his two former attorneys who participated in an undisclosed and illegal fee sharing arrangement, then spent money held in trust for the client. The jury returned a judgment against the lawyers including an award of punitive damages.
 

Representation of a medical group that was being sued by a collection company for $2M. Persuaded the court to grant a motion dissolving the contract due to a conflict of interest. The matter was resolved, and the conflicted contract dissolved, through motion practice.
 

Representation of landowners whose attorney failed to tender a claim to their insurance carrier.
 

Representation of divorcee whose attorney erred in drafting a marital settlement agreement depriving her of hundreds of thousands in child support payments that otherwise would have been due.