Professional Liability

Lathrop Gage’s representative clients include professionals in a variety of disciplines.  

We have extensive experience representing accountants in professional liability claims. Suits have included claims involving general accounting, auditing and tax. We represent numerous accounting firms, ranging from small and local to large and regional.  

We have counseled clients in risk management in a number of areas, including:

  • Client intake issues
  • Conflicts of interest
  • Document retention issues and electronic discovery
  • Enforcement of non-compete and non-solicitation covenants  
  • Engagement letters  
  • “Firing” a client
  • How to preserve the accountant-client and attorney-client privileges
  • Lessons learned from litigation
  • Partnership disputes
  • Responding to “privity letters”
  • Responding to subpoenas and requests for information
  • When not to pursue an account receivable
  • When you need to contact legal counsel and when you don’t

Our attorneys periodically present risk management seminars to accountants and often counsel accounting firms regarding tactical responses to subpoenas and the beneficial use of engagement letters.

Doctors and Hospitals
Lathrop Gage has extensive experience in defending hospitals, physicians and physician groups in suits alleging medical negligence. Through years of diligently representing health care organizations of many sizes, we have developed contacts with many qualified physicians, nurses and other health care specialists who can provide expert testimony to defend against malpractice claims if a matter moves to trial.

Insurance Industry
In addition to generally providing a broad variety of legal services to the insurance industry and its many constituents, we have developed a special expertise in representing insurance professionals, brokers, general agents, managing general underwriters, third-party administrators, and insurance and self-insurance fund managers. Also, in our defense of life, health and disability insurers, we regularly defend the interests of agents and brokers aligned with carrier defendants and regularly defend alleged agent misconduct.

Representative Experience:

  • Provide a Top-10 accounting firm and its 30 offices in Midwest with risk management and professional negligence defense, including individual, business and class action cases. 
  • Provide a regional multi-state accounting firm with risk management and professional negligence defense, including individual, business and class action cases. 
  • Represented accountant tax preparers in civil action in which the Internal Revenue Service alleged that our client had advised their clients of ways to save taxes that the IRS did not like or agree with and that the United States Treasury lost as much as $29.5 million in tax revenue because of the strategy recommended by our client. The federal court denied the government’s request for preliminary injunction against our client.
  • Defended a national insurance company and its in-house counsel in alleged claim mishandling and in-house malpractice. The matter was settled favorably for the client.
  • Represented accounting firm in a matter in which the former client of our client sued, alleging accounting malpractice on the basis of financial statements prepared by our client. Settled on favorable terms.