Legal Malpractice Defense

Since its founding, Lewis Brisbois has successfully defended thousands of lawyers, as well as the firms in which they practice, ranging from sole practitioners to some of the largest law firms in the country. The underlying legal problems involved in these cases include personal injury, commercial litigation, divorce and family law, patent litigation, real estate, tax, probate, bankruptcy, products liability, criminal law, and malicious prosecution. Many of these cases involved multi-million dollar claims in either state or federal courts.

The development and implementation of an effective defense for legal malpractice claims depends heavily on the underlying area of law. Within our firm, we have attorneys who specialize in tax law, intellectual property and patent litigation, bankruptcy, products liability, environmental law and toxic torts, employment and labor law, workers’ compensation, maritime law, entertainment, and corporate law. Our size and depth of practice provides our firm with access to knowledgeable practitioners in numerous practice areas, enabling us to efficiently analyze a claim and pursue the most expeditious defense strategy, often without having to first retain outside experts or consultants. Some of the wide array of underlying legal matters involved in these cases include:

Bankruptcy
Business Litigation and Transactions
Civil Litigation
Collection
Commercial Litigation
Construction Defect
Criminal Law
Defamation
Divorce & Family Law
Employment
Environmental
Estate Planning & Probate
Immigration
Intellectual Property & Trademark
Malicious Prosecution
Medical Malpractice
Personal Injury
Products Liability
Real Estate
Tax
Toxic Torts
Workers’ Compensation

Many of these cases involved multi-million dollar claims in either state or federal courts through trial and on appeal. In addition to defending suits brought by our clients’ former clients, we also defend suits brought by third-parties, such as malicious prosecution, abuse of process, claims of conspiracy, and claims brought by disgruntled heirs. Lewis Brisbois has been the prevailing counsel in numerous published appellate decisions involving lawyers.

 In representing lawyers accused of legal malpractice, we have worked for every major underwriter of legal malpractice insurance policies, and we are the counsel of choice for many self-insured law firms. We have also represented attorneys in disciplinary proceedings brought by state licensing agencies.

Lewis Brisbois has extensive experience in the area of risk management for attorneys. In addition to their legal practice, our attorneys participate in a wide array of Bar or insurer sponsored seminars on risk management for attorneys as well. We also offer toll-free hotlines for various insurers to prevent claims from being made or reduce exposure before a claim is made. As a preventive measure, our attorneys offer in-house continuing legal education programs to law firms and insurers on topics designed for their practices. We also represent insurers who write legal malpractice in offering coverage advice and in initiating declaratory judgment actions seeking declarations of no coverage or a rescission of the policy.

Lewis Brisbois’ Legal Malpractice Defense lawyers understand the negative impact that a legal malpractice claim can have on an individual's or firm’s professional image. Our team of experienced defense attorneys recognizes the amount of discretion it takes to successfully defend an individual or law firm against a legal malpractice claim. We take pride in defending all legal malpractice cases in a sensitive and highly confidential manner.

In February 2021, Lewis Brisbois published the eighth edition of our bi-annual “California Legal Malpractice & Malicious Prosecution Liability Handbook”. The handbook is 316 pages and contains summaries of California case law and statutes pertaining to legal malpractice, malicious prosecution, and related causes of action brought against attorneys. The firm also represents attorneys in disciplinary matters brought by various State Bars, including the California State Bar.