Professional Liability Litigation
Stites & Harbison has a 150-year history of engaging in litigation involving allegations of professional liability defense or misconduct. And, in recent history, the need for professionals to represent other professionals has never been greater. At Stites & Harbison, we do just that on a daily basis.
We invest significant time and resources in understanding the practices and duties unique to each profession. Some of these professions include attorneys, accountants, auditors, counselors, land surveyors, travel agents, debt collectors, engineers, architects, construction professionals, bankers, real estate professionals, structural inspectors, appraisers, title agents, public officials, crop dusters, mortgage brokers, financial advisors, directors and officers, insurance agents and brokers, and the insurance industry as a whole. Often these cases overlap with litigation involving the financial services industry, and we handle these types of claims almost every day.
We also aid professionals in actions before administrative agencies or professional boards, and work with professionals when incidents occur to mitigate or eliminate potential liability.
In context of civil suits, our work begins long before a complaint is filed. First, we push to prevent filing altogether through argument and, if merited, we aim for negotiation. When complaints are filed, clients can count on aggressive, effective, and efficient representation.
We have also assisted insurers in coverage disputes with their insureds under professional liability policies.
The attorneys of our professional liability team frequently publish and lecture on issues related to ethics, professional liability and trial practice. Members of our group also participate in a number of bar-related activities and roles, including:
- the former Chairman of the Kentucky Bar Association's Civil Litigation Section,
- the former President of the Kentucky Chapter of the Federal Bar Association,
- the former President of the Kentucky Defense Counsel, and
- the former Chairman of DRI's Professional Liability Committee's Steering Committee.
Other team members are active in DRI, the Kentucky Defense Counsel, the Professional Liability Underwriting Society, the ABA's Professional Liability Litigation Committee, and the Association of Professional Responsibility Lawyers.
Experience
- We recently obtained summary judgment for a prosecutor on the issue of absolute immunity, which was affirmed by the Sixth Circuit Court of Appeals.
- Originally engaged as trial counsel and retained throughout the process, we obtained a positive outcome in a legal malpractice case in which the Kentucky Supreme Court provided much-needed analysis on Kentucky’s "case within the case" requirements.
- We recently briefed, argued, and obtained a successful result from the Kentucky Supreme Court affirming twice, the summary judgment we secured for a lawyer client involving the assignment of a claim against him.
- We have obtained multiple summary judgments for attorney clients. The two most recent were defending malicious prosecution actions against lawyers. Another involved allegedly negligent advice in the sale of a business, in which we successfully argued lack of "but for" causation. That case was affirmed on appeal.
- In another matter involving the failure to bring suit on an assault at a correctional institution, we secured judgment on seven separate grounds; all finding there was no viable "case within a case."
- Our lawyers have obtained summary judgments for architects and engineers based on the "government contractor" defense. These victories, to our knowledge, were the first of their kind in Kentucky.
- On the eve of trial in a recent and complex accountant malpractice case, we successfully deployed a Daubert challenge to convince the trial court to exclude the plaintiff's sole expert witness.
- After being contacted by an insurance carrier about a potential claim against one of its insured attorneys, we were able to convince the claimant's counsel that the attorney not only should not be sued, but was owed a significant amount of money by his former client.
56th Georgia Defense Lawyers Association (GDLA) Annual Meeting
The Breakers, One South County Road, Palm Beach, FL 33480
Don't miss the 56th GDLA Annual Meeting at The Breakers in Palm Beach, Florida from June 15-18. Earn CLE hours* and network with your friends and colleagues at various social events. Atlanta office attorney Jennifer Guerra will be a speaker at the event.
Stites & Harbison Attorneys Honored by 2023 Georgia Super Lawyers
ATLANTA—The 2023 edition of Georgia Super Lawyers recently honored three Stites & Harbison, PLLC attorneys based in the firm’s Atlanta office. The attorneys named on this years list are Dan Douglass, Joe Kingma and Billy Newcomb.
Emerging 100 of Atlanta Inducts Brandon Sartin
ATLANTA—Emerging 100 of Atlanta (E100 Atlanta) has inducted Stites & Harbison, PLLC attorney Brandon D. Sartin as one of 27 new members. The induction ceremony was held in December of 2022.
Robin Miller Honored by Ohio Super Lawyers for 2023
MASON, Ohio—The 2023 edition of Ohio Super Lawyers recently honored Stites & Harbison, PLLC attorney Robin D. Miller on its Super Lawyers list.
Benchmark Litigation 2023 Honors 15 Stites & Harbison Attorneys
LOUISVILLE, Ky.—The 2023 edition of Benchmark Litigation names 12 Stites & Harbison, PLLC attorneys as “Litigation Stars” and three as “Future Stars” in Kentucky. The guide honors the firms and attorneys who have demonstrated the ability to consistently handle complex, high-stakes cases in multiple jurisdictions.
Lewis Perling Elected to Friends of Disabled Adults and Children Board
ATLANTA—Friends of Disabled Adults and Children (FODAC) has elected Stites & Harbison, PLLC attorney Lewis Perling to its of Board of Directors. He will serve a three-year term.
7th Annual Accounting Risk Management Seminar
Time: 11:45 a.m. - 6:00 p.m.
City Springs Conference Center, 1 Galambos Way, Sandy Springs, GA 30328
Stites & Harbison's Accounting Defense Team will present this Accounting Risk seminar on October 26th at the City Springs Conference Center in Atlanta.
Driving Diversity in Law & Leadership Summit: Atlanta
Time: 8:50 a.m. - 5:00 p.m.
Atlanta, GA (Venue TBA)
Atlanta office attorneys Shannon Sprinkle and Jennifer Guerra will be speakers at this event held in Atlanta on September 14, 2022
Stites & Harbison Attorneys Honored by 2022 Georgia Super Lawyers
ATLANTA—The 2022 edition of Georgia Super Lawyers recently honored four Stites & Harbison, PLLC attorneys based in the firm’s Atlanta office. Of special note, Joe Kingma was named to the Top 100 Georgia Lawyers list for the fifth time.
SHRM-Atlanta Legal Summit
Time: 8:45 a.m. - 12:30 p.m.
Virtual Event
Atlanta attorney Shannon Sprinkle will be a speaker at this Legal SHRM-Atlanta Legal Summit on May 12, 2022.
Professionalism, Ethics and Malpractice
Time: 8:00 a.m. - 12:00 p.m.
Livestream or In-Person at State Bar of Georgia, Bar Center, 104 Marietta Street NW, Atlanta, Georgia
Atlanta office attorney Shannon Sprinkle will be a presenter at this State Bar of Georgia Institute of Continuing Legal Education seminar on April 28, 2022.
Marjorie Farris Named as 2022 Business Women First Enterprising Women Award Honoree
LOUISVILLE, Ky.—Louisville Business First has named Stites & Harbison, PLLC Chair Marjorie A. Farris as a recipient of its 2022 Business Women First Enterprising Women Awards.
2022 Corporate Counsel Training Academy
Time: 12:30 p.m. - 6:30 p.m.
The Ritz-Carlton, Chicago, Illinois
Whitney Watt will be the Moderator for one of the sessions of this Corporate Counsel Training Academy in Chicago on April 6, 2022.