Attorney Liability and Conduct

The attorneys in Rogers Joseph O’Donnell’s Attorney Liability and Conduct practice group handle legal malpractice, fee dispute and State Bar disciplinary matters, and provide advice and counseling in the areas of ethics and law practice management. Our focus is on efficient, effective, and strategic representation to achieve our clients’ goals, whether that means going to trial, settling a claim, or evaluating an ethics or compliance issue. Co-chair Merri Baldwin is certified as a Specialist in Legal Malpractice Law by the California Board of Legal Specialization.

Litigation

We handle legal malpractice and breach of fiduciary duty actions, malicious prosecution claims, motions to disqualify and motions for sanctions against attorneys. We handle attorney-client fee disputes and represent attorneys in disciplinary proceedings brought by the State Bar of California. We are seasoned trial and appellate attorneys, have tried professional liability cases to jury verdict, and arbitrate matters in this area.

We regularly employ the anti-SLAPP statute on behalf of our clients, and successfully use this procedural device to extricate attorneys and firms from lawsuits alleging malicious prosecution, fraud, and legal malpractice.

Ethics and Law Practice Management Advice

Rogers Joseph O’Donnell attorneys provide advice concerning compliance with ethical and other rules, including conflicts of interest, ethical walls, ediscovery, attorney advertising, risk management, and compliance with the State Bar Act and other professional rules. We advise lawyers and law firms concerning law firm dissolutions, disputes among members of law firms and partner departures. Our emphasis is on practical solutions that ensure that our clients comply with their ethical obligations, while limiting potential exposure and controlling costs.

Expert Testimony

A number of Rogers Joseph O’Donnell attorneys serve as ethics, malpractice, and fee dispute experts for both plaintiffs and defendants.

Representative Cases

Defended an attorney in a highly publicized case against threatened sanctions arising from alleged discovery violations
Defended trust and probate firm against alleged malpractice in its representation of trustee administering a family trust
Defended lawyer in disciplinary proceedings alleging ethical violation in loan modification practice
Represented law firm partners against breach of fiduciary claims brought by a former partner
Defended a Silicon Valley law firm against claims of conflict of interest, malpractice and breach of fiduciary duty arising from a failed start-up venture; settled prior to trial
Represented an attorney in a fee dispute with former co-counsel concerning the apportionment of a significant attorney fee award
Defended venture capital fund in fee dispute with former counsel arising from representation in business tort matter
Obtained dismissals of prominent New York and San Francisco law firms through anti-SLAPP motions, and obtained attorney fee award against plaintiffs
Handled professional liability issues arising out of lost patent rights for medical devices, involving the development of arguments both as to patentability and to lost profits claims
Represented international corporation in action against major law firm alleging conflict of interest, breach of contract and breach of fiduciary duty; case settled on eve of trial
Arbitrated significant fee dispute between Silicon Valley law firm and its former client; obtained favorable ruling including attorney fees
Defended a law firm in a six-week jury trial from negligence and breach of fiduciary duty claims arising out of the firm’s alleged failure to properly oversee and evaluate an underlying estate surcharge proceeding for a client insurer
Represented a probate attorney in disciplinary proceedings before the State Bar that involved allegations of professional negligence and mishandling of client funds
Represented a large New York-based law firm in professional liability litigation and obtained dismissal of all claims without payment