Professional Liability

Carr Maloney has a long history of counseling individuals, professionals, small businesses, and major corporations on issues unique to their professional and business endeavors. By drawing on the depth and breadth of substantive areas of practice throughout the firm, members of the Professional Liability Group collaborate with other Carr Maloney attorneys to respond to the particular needs of licensed professionals facing potential licensing or liability risks and concerns.

Our attorneys actively represent:

Accountant Liability

Carr Maloney’s Professional Liability Practice Group has represented accountants for decades on professional liability claims in the District of Columbia, Maryland, and Virginia. Our group has litigated and advised on matters such as:

• Audits
• Consulting Service Engagements
• ERISA Claims
• Estate and Trust Accounting
• Fraud/ Defalcation Claims
• Reviews and compilations
• Tax Return Issues

In addition to defending accountants in malpractice actions, we counsel and represent accountants called to testify in other proceedings. For example, we regularly represent accountants who have been subpoenaed to testify at deposition in matters to which they are not parties, but where they have rendered professional advice to the parties. In addition, we have represented accountants called to testify before Congress, the Securities and Exchange Commission, PCAOB, the Department of Justice and various administrative agencies.

We stay ahead of all developments in the accounting field by maintaining current copies of relevant industry guidelines, such as GAAS, GAAP, SAS, and other AICPA Professional Standards. The firm periodically publishes a summary of case law developments in the midAtlantic region related to accountant malpractice claims. Contact us to obtain Carr Maloney’s Summary of Accountant Malpractice Case Law for the District of Columbia, Maryland and Virginia.

Attorney Malpractice

Our legal malpractice attorneys represent firms of all sizes from small and mid-size to large regional and national firms. Our attorneys have significant experience representing clients against matters such as:

Financial Services Professionals

Carr Maloney frequently represents financial planners, business brokers, bankers, and stock brokers. Our decades of experience in professional liability defense and commercial litigation gives us a competitive edge defending our clients against claims like:

• Breach of Contract Claims
• Commission Disputes
• FINRA arbitrations
• Regulatory Investigations
• Discriminatory Lending Claims

Technology Professionals

In today’s technology-based world, technology consultants, designers and programmers are
susceptible to professional liability claims. We represent and counsel IT professionals in all areas of litigation and business against matters such as:

• Claims re: Technology Installations, Implementation
• Licensing Infringement Claims
• Copyright Infringement Claims
• Disputes Regarding Ownership Codes
• Software Integration and Related Claims
• Website Design
• Website Hosting

Our technology clients benefit from the unique blend of our commercial litigation, intellectual property and professional malpractice experience.

Real Estate Professionals

Carr Maloney has successfully defended title agents, title insurers, mortgage brokers, and real estate agents against claims such as:

• Alleged Negligence in Sale/Purchase Transactions
• Purported Failure to Disclose Property Conditions
• Title and Property Line Disputes
• Truth-in-Lending
• Undisclosed Easement Claims

As lead counsel for a real estate broker, we obtained a defense verdict against claims of alleged conspiracy and fraudulent concealment in the sale of a business. This case was nationally reported because it focused on the unsettled legal question of to whom a listing, selling or cooperating broker owes a legal duty. We have successfully defended cases regarding alleged fraudulent (“flip”) mortgage schemes, insufficient title searches, improper payments and failure to comply with HUD-1 settlement statements.

Insurance Brokers and Agents

Insurance brokers and agents often face claims that they committed an error or omission while providing services. These “errors and omissions” claims frequently involve allegations that the brokers or agents failed to obtain certain coverage or fraudulently induced insureds to obtain unnecessary coverage. These cases may also include disputes over commissions. We are particularly well equipped to handle these claims because we are well versed in how brokers, agents and insurance markets operate. We also understand and appreciate the complex contractual relationships and unique statutory laws that are involved.

Public Officials and Entities

Over the years, our attorneys have defended states, counties, cities and municipalities in the mid-Atlantic region. We handle all types of claims, often using the specialized knowledge of our employment law, civil rights, complex litigation and appellate practice groups. Examples of the types of claims we handle are:

• Assault
• Excessive Force
• Hostile Work Environment
• Wrongful Discrimination
• Wrongful Discharge

We are experienced in police cases, especially those involving excessive force claims, and are always conscious of different states’ Law Enforcement Officers Bills of Rights.

Construction Professionals

Carr Maloney has a long history of advising and representing various types of construction professionals, including architects, engineers, construction managers, contractors and subcontractors. Our cases include:

• Construction Defects
• Design Claims
• Contract Disputes
• Delay Claims
• Fire Loss
• Flooding
• Personal Injuries
• Property Damage

We have defended multi-million-dollar disputes arising out of catastrophic fires, building collapses and plumbing ruptures. We are well versed in building codes, fire codes, architects and engineering standards, and contracts.