Sunday, 25 March 2018

Gunster’s professional liability, legal malpractice defense law practice

When professionals’ contributions are online, effective and effective representation is of utmost importance. Gunster’s Professional Liability Defense Group has the experience and knowledge that’s crucial to successfully protecting professionals.

For more than 30 decades, Gunster attorneys are defending attorneys, accountants, and other professionals as well as their reputations from claims such as malpractice, breach of contract, and breach of fiduciary duty, aiding and abetting, and related claims. Our attorneys have litigated professional liability claims in both state and federal courts throughout Florida, including Miami, Ft. Lauderdale, West Palm Beach, Jacksonville, Tampa, Orlando, Stuart and Naples, in addition to in several other national and state courts across the country. The firm’s Professional Liability Defense Group Consists of a diverse group of attorneys, including the former chief of the Fraud Department of the United States Attorney’s Office in Miami, an attorney that has served as the firm’s general counsel, fellows of the American College of Trial Lawyers (ACTL), a fellow of the Litigation Counsel of America, several members of the Neighborhood pub’s Professionalism Committees, a member of the Florida Bar Standing Committee for Professional Accreditation, an attorney who has successfully argued before the United States Supreme Court, a former United States Senator and former clerks for federal district courts and the Eleventh Circuit Court of Appeals. Our attorneys are well versed in and may counsel lawyers and accountants on the myriad issues intertwined with professional liability litigation such as insurance coverage issues, partnership disputes, and information theft, risk mitigation, and professional integrity.

Gunster’s Professional Liability Defense Group works closely with the firm’s other practice groups. For example, our attorneys work with the Appellate Practice Group in the inception of litigation, resolving difficult issues of document preservation and development, through trial and appeal. Our Enforcement attorneys include a former Florida Supreme Court Justice and a former Third District Court of Appeal Judge. Our attorneys work closely with the firm’s Employment Practice Group to deal with any employment issues that might emerge in the context of a situation or at defending employment claims brought from the accounting, legal, and other professional business’s we represent.

Representative Matters:

  • AMLAW 50 Company — Malpractice claim by a federally-appointed receiver seeking more than $100,000,000 — U.S. District Court for the Northern District of Illinois
  • AMLAW 50 Company — Negligence maintain by receiver — U.S. District Court for the Southern District of Florida
  • AMLAW 100 Company — RICO claim due to former client — U.S. District Court for the Southern District of Florida
  • AMLAW 100 Company — Pre-suit investigation
  • AMLAW 200 Company — Malpractice maintain by former client — Florida state court
  • AMLAW 200 Company — Malpractice maintain by former client — California state court
  • AMLAW 200 Company — Expert witness negligence claim — Florida state court
  • AMLAW 200 Company — Malpractice and breach of fiduciary responsibility — United States District Court of Maryland
  • AMLAW 200 Company — Bankruptcy
  • AMLAW 200 Company — Declaratory relief action and replevin action brought by client — Florida State Court
  • Neighborhood Florida Company — Consulting on professional liability insurance coverage issues
  • National Accounting Company — Audit negligence claim — Florida state court
  • National Accounting Company — Professional negligence claims — Florida state court
  • National Accounting Company — RICO instance — Federal court
  • IP Boutique — Claims by former client paychecks conflicts — U.S. District Court for the Northern District of Florida
  • National IP Company — Departing lawyer Visitor dispute — Florida state court
  • Plaintiff’s Securities Boutique — Departing lawyer, integrity and client confidence dispute — Florida state court
  • Neighborhood Florida Company — Consulting on legal ethics issues
  • National Accounting Firm — Requirements by Trustee — U.S. Bankruptcy Court
  • National Accounting Firm — Malpractice assert against attorneys and accounts — Florida state court
  • National Accounting Company — Malpractice claim about consulting services — Florida state court


Gunster “enjoys a very solid reputation for professional malpractice defense job.”

“With our firm facing a complicated, multimillion dollar suit in a ‘rocket docket’ court, we had a seasoned trial team which could effectively assess the issues and then develop and implement a defense plan. The Gunster Professional Liability Defense group was our ‘go to’ choice of counsel at the high-stakes litigation.”

∼risk management partner, AmLaw 200 firm

“When maintains have threatened the standing of our attorneys and, ultimately, our firm, we have entrusted Gunster’s Professional Liability Defense group to reflect us. They have skillfully examined complicated situations and vigorously defended our attorneys and our firm.”

∼general counsel, mid-Atlantic law business

“For several years I have been blessed to work closely together with all the Gunster Liability Defense team, consult together and mediate cases in which they represented a celebration. They’re talented, ready, hardworking and always receptive. No lawyer or law firm could hope for better representation. Mr. Atkinson, who directs this category, is remarkably insightful.”

∼South Florida trial lawyer who represented law companies to 35+ years

“The expert Liability Defense group did such a fantastic job setting up the substantive defenses to the promise we insisted that Gunster remain involved as counsel if place was transferred to another state where Gunster does not regularly practice. Few attorneys truly have the customer’s issue the way David Atkinson and also the assembled Gunster team do. David’s strategic thinking and initiative proceed well beyond the immediate difficulties so that we are always positioned well before our resistance.”

∼trial lawyer with 25+ years of experience sued for malpractice

“I’ve had the opportunity, and great luck, to work as co-counsel using David Atkinson and his team at Gunster on a significant and complex matter, comprised of a lot of distinct suits, caused by a multiple of parties in several diverse jurisdictions, and based upon complex sets of facts and large volumes of documents and ESI. Much of the first work was very time sensitive. Gunster supplied the resources, at all levels, to capably employees, examine and defend the statements and pending lawsuits in the required, yet substantially compacted, time. The approaches employed were nicely and thoughtfully imagined; the organization of the situation was extraordinary as well as the written work product was exceptional. All of this has to date caused very positive results to our mutual client. And most important it has been a joy to work with each one of these.”

∼co-counsel in the Northeast that has represented attorneys for 20 years

“I’m a lawyer that specializes in the regulation of lawyering. Within the last several years I’ve had occasion to serve as a testifying or consulting specialist for and against attorneys and law firms represented by the Gunster law firm’s Professional Liability Defense collection. In every case I’ve found the attorneys of that group tremendously knowledgeable, insightful, comprehensive, and results-orientedand not losing sight of big-picture implications for their customers. They immediately identify and accurately assess the actual issues in a situation and develop practical and effective approaches for achieving a positive outcome. They’re always professional and are uniformly honored by the jurists before whom they seem.”

∼Florida lawyer and legal ethics specialist

“Mr. Atkinson represented me in a professional negligence action caused me along with several different defendants. Because of Mr. Atkinson’s standing, knowledge and expertise in this subject, he managed to persuade plaintiff’s lawyer to dismiss from the action, as plaintiff’s lawyer realized that he had a better likelihood of litigating the case from the other defendants if Mr. Atkinson were not included. Mr. Atkinson’s professionalism and abilities are unmatched in this area of the law.”

∼Florida lawyer sued for malpractice


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