Professional Liability Defense

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  • Overview

    Graham Curtin’s professional liability defense practice provides counsel in New York and New Jersey Federal and State Courts to a variety of professionals, including attorneys, physicians, nurses, accountants, engineers, architects, title agents, and mortgage brokers. With expertise in all areas of professional liability defense and licensing matters, our attorneys are fully capable of investigating, litigating and trying all manner of professional liability cases. The philosophy of the professional liability group entails working closely with the client in formulating litigation strategies during all phases of a proceeding.

    The professional liability group represents insureds of numerous major insurance companies. The practice group also represents professionals in ethics related matters either through direct retention or on behalf of an insured client before the Office of Attorney Ethics and the Disciplinary Review Board of the Supreme Court.

  • Attorneys
  • Representative Matters

    Our professional liability attorneys are at the forefront of professional liability law. They educate other New Jersey lawyers by serving as lecturers at continuing legal education courses on ethics and legal malpractice. The following are representative examples of the types of professional liability cases that our attorneys have defended:

    • Attorney sued for missing Statute of Limitations on personal injury action
    • Nurse sued for untimely responding to patient complaints
    • Attorneys sued for alleged malpractice after institution of collection action
    • Attorney sued for alleged negligent drafting of estate trust agreement
    • Engineer sued for failing to calculate load bearing capacity of warehouse floor
    • Attorney sued for failing to timely settle matter and for incurring additional legal fees
    • Attorney before Ethics Committee for untimely release of escrow funds and record retention
    • Physician sued for misdiagnosis
    • Accountant sued for failing to advise of tax consequences of trust agreement
    • Attorney sued for alleged mishandling of tax sale foreclosures
    • Title broker sued for failing to disclose to attorney a defect in title related to riparian rights
    • Architect sued for alleged improper design of restaurant leading to dangerous condition
    • Mortgage broker sued for alleged participation in equity stripping scheme
    • Architect sued for alleged failure to properly design residential home
    • Attorney conflict of interest regarding representation of insured and insurance company

    Graham Curtin’s attorneys have been the attorneys of record in many published cases. Additionally a number of the seminal legal malpractice cases, which Courts regularly rely upon for setting standards to which attorneys are held, have been the product of Graham Curtin’s Professional Liability Defense practice group including, but not limited to:

    • Charter Oak Fire Ins. v. State Farm Mut. Auto. Ins., 344 N.J. Super. 408 (App. Div. 2001) (Driver’s defense attorney acted reasonably and did not commit malpractice by not asserting liability of parent and grandparent driving car where child killed in accident.)
    • Cherry Hill Manor Ass. v. Paul Faugno, Rogan & Faugno,, 182 N.J. 64 (2004) (Previously-sued lawyers were not liable for contribution to latest attorney being sued because the previously-sued attorney could not be considered a joint tortfeasor.)
    • Vastano v. Algeier, 178 N.J. 230 (2003) (Former client’s malpractice action barred because the statute of limitations began to run when clients took possession of file.)
    • Puder v. Buechel, 183 N.J. 428 (2005) (Client who represented that divorce settlement was acceptable was precluded from pursuing malpractice action.)
    • Alampi v. Russo, 345 N.J. Super. 360 (App. Div. 2001) (Client not entitled to sue his criminal defense attorney for malpractice where he pled guilty for actions that occurred prior to retention.)