Not All Professionals are Professional.
Keating Wagner a Tier 1 Denver “Best Law Firm” in Plaintiffs’ Professional Malpractice Law by U.S. News – Best Lawyers®
Professionals, including attorneys, accountants, and real estate brokers, hold positions of trust. When a professional commits an error or engages in intentional wrongdoing, the harm to the client can be devastating.
Professional liability cases tend to be complex and expensive. They frequently involve particular rules concerning proof of the claim as well as defenses that are not available in other types of cases. They also require knowledge of and sensitivity to the insurance coverage issues that commonly arise when a claim is made against a professional.
Keating Wagner Polidori Free’s attorneys are among the most experienced lawyers in Colorado when it comes to representing individuals and businesses as plaintiffs in professional liability cases. Our lawyers have recovered millions of dollars on behalf of clients in a wide range of legal malpractice, accounting malpractice, and real estate broker malpractice cases. In addition to trying professional liability cases in court or arbitrations, our lawyers frequently write and lecture at continuing education seminars on topics involving professional liability.
What Is Professional Liability?
Professional liability arises when a professional fails to perform services according to the accepted standards of their profession, causing harm to a client or third party.
Unlike ordinary negligence claims, professional liability cases often involve specialized standards of care that apply to a particular profession. These cases frequently require expert testimony and a detailed analysis of professional duties and responsibilities.
Professional liability claims may involve:
- Legal malpractice
- Accounting malpractice
- Insurance agent negligence
- Financial advisor misconduct
- Real estate professional negligence
- Breach of fiduciary duty
- Professional negligence
- Professional misconduct
- Errors and omissions
- Misrepresentation
- Failure to disclose material information
- Conflicts of interest
When professionals fail to exercise reasonable care, the consequences can be substantial.
Legal Malpractice Claims
Attorneys have a duty to competently represent their clients and protect their legal interests. When lawyers fail to meet professional standards, clients may suffer significant financial losses.
Examples of legal malpractice may include:
- Missed filing deadlines
- Failure to preserve claims
- Conflicts of interest
- Inadequate investigation
- Mishandling litigation
- Settlement errors
- Failure to properly advise clients
- Breach of fiduciary duties
Legal malpractice claims are often complex because they require proving both attorney negligence and the damages that resulted from that negligence.
Accounting Malpractice and Financial Professional Liability
Businesses and individuals rely heavily on accountants, CPAs, auditors, and financial professionals for guidance regarding taxes, financial reporting, compliance, and investments.
Professional negligence in these areas may involve:
- Tax preparation errors
- Audit failures
- Financial misrepresentations
- Negligent accounting practices
- Improper financial advice
- Failure to identify fraud
- Breach of professional standards
- Fiduciary misconduct
Errors involving financial matters can create substantial losses that affect businesses and individuals for years.
Insurance Agent and Broker Negligence
Insurance professionals play an important role in helping clients obtain appropriate coverage. When agents or brokers fail to properly advise clients, coverage gaps can lead to devastating financial consequences.
Claims against insurance professionals may involve:
- Failure to procure requested coverage
- Coverage misrepresentations
- Inadequate policy recommendations
- Errors during policy renewals
- Failure to disclose exclusions
- Negligent insurance advice
Many clients only discover these mistakes after a significant loss occurs and coverage is denied.
Real Estate Professional Liability
Real estate transactions often involve substantial investments and complex legal obligations. Buyers, sellers, investors, and developers frequently rely on the expertise of brokers, agents, property managers, and other professionals.
Professional liability claims may arise from:
- Misrepresentations during transactions
- Failure to disclose material defects
- Fiduciary breaches
- Transaction errors
- Improper valuation information
- Conflicts of interest
- Commercial real estate disputes
When professional failures impact a real estate transaction, the resulting damages can be significant.
Breach of Fiduciary Duty Claims
Many professionals owe fiduciary duties to their clients. These duties often require loyalty, honesty, disclosure, and the avoidance of conflicts of interest.
Examples of fiduciary breaches may include:
- Self-dealing
- Concealing important information
- Misappropriation of assets
- Conflicts of interest
- Improper financial transactions
- Abuse of trust
Fiduciary duty claims frequently overlap with professional negligence and business litigation matters.
Compensation Available in Professional Liability Cases
Professional negligence can cause substantial financial harm. Depending on the circumstances, damages may include:
- Direct financial losses
- Lost business opportunities
- Corrective professional services
- Litigation costs
- Economic damages
- Consequential damages
- Contract-related losses
- Business interruption damages
The value of a claim depends on the nature of the professional relationship, the extent of the negligence, and the resulting financial harm.
Why Professional Liability Cases Are Complex
Professional liability claims often involve complicated legal and technical issues. These cases frequently require extensive document review, expert analysis, and a detailed understanding of industry standards.
Challenges may include:
- Establishing the applicable standard of care
- Proving professional negligence
- Demonstrating causation
- Quantifying financial damages
- Reviewing complex financial records
- Obtaining expert testimony
Professionals and their insurance carriers often vigorously defend these claims, making experienced legal representation critical.
Why Choose Keating Wagner?
Professional liability disputes often involve substantial financial stakes and sophisticated legal issues. At Keating Wagner, we represent businesses, investors, professionals, and individuals in complex litigation involving negligence, fiduciary breaches, and professional misconduct.
Our attorneys understand how to investigate professional liability claims, work with industry experts, analyze damages, and pursue accountability on behalf of our clients.
Denver Professional Liability Attorney
When a trusted professional fails to meet their obligations, the consequences can be financially devastating. Whether your claim involves legal malpractice, accounting negligence, insurance agent errors, fiduciary misconduct, or another professional liability matter, it is important to understand your legal rights.
At Keating Wagner, we help clients throughout Denver and Colorado pursue professional liability claims and recover compensation for losses caused by professional negligence and misconduct.
Contact our Denver professional liability attorney today to discuss your situation and learn how we can help protect your interests and pursue the recovery you deserve.
Contact Us
Unlike many law firms, we offer flexible fee structures to fit our clients’ needs. We regularly represent businesses and individuals on a contingency-fee or part-contingency-fee basis, where our compensation is directly tied to the results we obtain. For clients who prefer a more traditional fee arrangement, we also offer hourly rate fee agreements.
Contact Keating Wagner at (303) 534-0401 to discuss your case.
