Attorney Malpractice
Our Attorney Malpractice Defense practice area is dedicated to defending lawyers and law firms facing allegations of professional negligence and misconduct. We understand the gravity of such claims and the potential impact on legal careers and reputations. Our team of experienced attorneys is committed to providing robust and strategic defense to protect our clients’ professional integrity and interests.
Scope and Expertise:
Defense Against Malpractice Claims:
- Professional Negligence: Defending attorneys against claims of professional negligence, including errors, omissions, and failure to meet the standard of care in legal practice.
- Breach of Fiduciary Duty: Representing clients accused of breaching fiduciary duties, such as conflicts of interest, misappropriation of funds, and failure to disclose material information.
- Ethical Violations: Addressing allegations of ethical violations and breaches of professional conduct rules, ensuring comprehensive defense strategies.
- Risk Management and Advisory Services:
- Preventive Counseling: Providing guidance on best practices for risk management and ethical compliance to minimize the likelihood of malpractice claims.
- Policy Development: Assisting law firms in developing and implementing policies and procedures to prevent professional liability issues and ensure adherence to ethical standards.
Comprehensive Legal Defense:
- Case Evaluation and Strategy: Conducting thorough evaluations of malpractice claims to develop effective defense strategies tailored to each case.
- Litigation and Trial Representation: Offering skilled representation in court, utilizing extensive trial experience to achieve favorable outcomes for our clients.
Alternative Dispute
- Resolution: Utilizing mediation, arbitration, and negotiated settlements to resolve disputes efficiently and cost-effectively, preserving professional relationships and reducing litigation risks.
- Appeals and Post-Trial Representation:
- Appellate Advocacy: Representing clients in appellate courts to challenge adverse rulings or judgments in malpractice cases, seeking to overturn unfavorable decisions.
- Post-Trial Motions: Handling post-trial motions to mitigate potential damages and explore all available avenues for defense.
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Attorney Malpractice Team
Forrest Andrews is the Chair of Lydecker LLP’s Errors & Omissions Department and Co-Chair of its Commercial Department. Forrest has extensive experience defending claims against attorneys, insurance agents and brokers, real estate agents and brokers, property managers, directors and officers, and other types of professionals. Forrest understands that his clients have spent years establishing their businesses and reputation, which is why he focuses his practice on providing effective legal strategies and solutions to protect those interests.
With respect to environmental claims, Forrest handles cases involving mold damage and exposure, air and water pollution, and other contaminates.
Forrest is also Chair of Lydecker LLP’s Appellate Department and is Board Certified in Appellate Practice by The Florida Bar. Forrest handles all types of appellate proceedings, including extraordinary writs, in state and federal courts, and provides litigation support services to trial counsel by developing effective strategies at the trial level in anticipation of an appeal.
Before joining Lydecker LLP, Forrest had an extensive career in the public sector, including serving as an Assistant City Attorney for the City of Miami where he represented the City of Miami in many federal civil rights suits, personal injury, commercial, and appellate cases.
Partner
Mrs. Diverio is a shareholding partner at Lydecker’ Miami office and is the chair of the property practice group. She is a trial and appellate attorney for first and third party lawsuits. She handles bad faith claims, third party claims, insurance defense, personal injury, general liability, subrogation claims, fraud investigations, and all types of property damage claims.
Mrs. Diverio litigates insurance disputes involving high exposure commercial and personal lines in both State and Federal court. Mrs. Diverio’ practice group handles claims from pre-suit investigations through trials, and appeals.
Mrs. Diverio is a partner at Lydecker’ Miami office. Mrs. Diverio serves as coverage counsel for first and third party property claims nationally, bad faith litigation, fire/theft/fraud investigation, and windstorm coverage and defense. Mrs. Diverio litigates insurance disputes involving high exposure commercial and homeowner losses and bad faith issues in both State and Federal court. Mrs. Diverio’ practice involves all aspects of pre-suit, appraisal, trial, and appellate litigation.
Mrs. Diverio has handled a multitude of appellate and trial matters and has been first-handedly involved in changing and upholding Florida Statutes on significant current insurance defense issues.
Most importantly, Mrs. Diverio’ strength lies in client relations and professionalism. She maintains an open line of communication with her clients during all phases of litigation, settlement of a dispute, and works in conjunction with her adjusters to quickly and efficiently resolve claims.
Partner
Ms. Camara Garcia is Of Counsel in the Lydecker Miami office. Ms. Camara Garcia is currently based in London. She counsels insurers on insurance coverage, claim adjustment, and contract interpretation on first-party property homeowners and commercial losses, bad faith litigation, fire/theft/fraud investigation, and windstorm coverage. In addition to handling matters of insurance coverage, Ms. Camara Garcia undertakes appellate work concerning first-party property and bad faith litigation.
Of Counsel
Jeremy W. Harris is the Co-Chair of the Firm’s National Catastrophic Injury and Loss Defense Department. Mr. Harris has extensive trial and appellate court experience in complex litigation, with a special focus on the defense of claims involving wrongful death, paralysis, amputations, traumatic brain injury, sexual assault, and other serious injuries. These claims can result from a multitude of alleged causes, including construction site accidents and collapses, road construction accidents, commercial trucking and car accidents, premises liability, negligent security, and products liability, to name a few. Mr. Harris has specialized knowledge of each of the industries involved in these claims-knowledge that he uses to represent his clients to the best of his abilities.
Mr. Harris’s judicial philosophy involves every action being taken only if it is a purposeful step towards a favorable end result for his clients, whether that involves litigating a matter to conclusion or providing the best possible platform for settlement. He believes attention to the plaintiff’s claim is paramount, but opportunities for risk transfer must always be fully explored. This is especially true in cases involving catastrophic injury, as these claims often have millions or tens of millions of dollars at stake.
Mr. Harris also maintains a healthy construction law practice and represents architects, engineers, general contractors/subcontractors, and developers in all manner of construction/design defect litigation.
He has taken hundreds (if not thousands) of depositions and has attended hundreds (if not thousands) of hearings. Mr. Harris has tried cases before many trial courts throughout the state of Florida and has engaged in oral arguments in front of the United States Court of Appeals for the Eleventh Circuit and the First, Second, Third, and Fourth Districts of the State of Florida. He obtained favorable results in the vast majority of these trials and appeals.
Mr. Harris serves as defense counsel from accident investigation to trial (and beyond if necessary) and also serves as monitor counsel/trial counsel for large claims that need a second look or additional help due to the complexity of the claims. When asked to join ongoing litigation, his approach is to immediately and forcefully take all action necessary to ready a case for trial.
Before joining the firm, Mr. Harris was a shareholder and managing attorney of a national firm’s Florida office, leading a large team of attorneys in complex litigation. Prior to going to law school, Mr. Harris was part of his collegiate and high school debate teams-qualifying in college for the prestigious National Debate Tournament. He is a proud husband and father of four boys and enjoys weightlifting in his free time.
Partner
Young Kim is an Associate located in Lydecker’s Jersey City office. He is admitted to practice in New York and New Jersey. Mr. Kim’s practice area involves all aspects of Civil Litigation in the state courts of New York and New Jersey.
Prior to joining the firm, Mr. Kim served as a Law Clerk in the New York State Supreme Court Civil Division, and he also practiced as a trial and appellate counsel handling civil matters involving real property disputes and mortgage foreclosure defenses.
Mr. Kim attended New York Law School, as a Global Law Fellow receiving a merit-based full scholarship. During the second year in Law School, Mr. Kim participated in the New York City Municipal Litigation Defense Clinic and worked for the Tort Division of the New York City Law Department. In his third year, Mr. Kim was accepted into the New York State Pro Bono Scholar program and worked at the Legal Services NYC.
Prior to law school, Mr. Kim worked as a legislative aide to a member of the New York State Assembly.
Associate
Jonathan J. Levy is an associate at the Boca Raton office. Mr. Levy’s practice includes Construction Defect Litigation focusing on defending developers, general contractors, subcontractors, design professionals, environmental consultants, and product manufacturers. The other portion of Mr. Levy’s practice involves Catastrophic Injury and Loss Defense, focusing on the defense of claims involving wrongful death, paralysis, amputations, traumatic brain injury, sexual assault, and other serious injuries. These claims can result from a multitude of alleged causes, including construction site accidents and collapses, road construction accidents, commercial trucking and car accidents, premises liability, negligent security, and products liability, to name a few.
Mr. Levy joined the firm in March 2022. Prior to joining the firm Mr. Levy was an associate attorney at a boutique law firm specializing in Foreclosure Defense, Complex Business and Commercial Litigation, Appellate Advocacy, and Corporate Transactional Law.
Mr. Levy obtained his law degree from Nova Southeastern University Shepard Broad College of Law in 2019. During law school Mr. Levy served on the executive board for the Jewish Law Society and was a student delegate at the 2018 AIPAC Policy Conference. Mr. Levy was also a law clerk at NSU’S Berger Entrepreneurship Clinic, providing legal work to underserved small businesses, and achieved Dean’s List for multiple semesters. Prior to law school Mr. Levy worked for high tech companies in Tel-Aviv, Israel, garnering substantial international business experience.
Associate
Ms. Maken is a partner at Lydecker and has substantial experience in handling complex business litigation and appellate matters in both Florida and in Mississippi. Over her career, she has authored hundreds of briefs filed in the Florida Supreme Court, Florida’s District Courts of Appeal, the Eleventh Circuit and the U.S. Supreme Court. Her practice areas include banking-foreclosure law, commercial litigation, torts, insurance defense, employment law, parental rights, criminal law, and challenging unconstitutional state action.
Ms. Maken is a former Assistant United States Attorney with the Southern District of Florida. As Lydecker LLP’s lead counsel, she successfully represented the Florida Department of Financial Services as Receiver in its suit against the statutory auditors (a big 5 accounting firm) of a failed insurance company (whose insolvency exceeded a billion dollars).
She clerked at the Third District Court of Appeals and the Mississippi Supreme Court.
Partner
Mr. Masson is an experienced civil litigator with a history of success in handling a broad array of complex and high exposure civil matters for individuals, insurers, and other business entities. Mr. Masson prides himself on being an out of the box thinker that is dedicated to meeting his client’s specific needs, providing them with superb legal representation, and obtaining very favorable results.
Of Counsel
Bryan Miller is a lawyer with significant litigation and trial experience. He has over 25 years of client-centered plaintiff and defense experience.
He was a named equity partner in the civil rigths firm of Litt, Estuar, Harrision, Miller and Kitson, LLP where he practiced high-impact, class-action litigation. He worked as counsel, co-counsel, trial counsel, and co-trial counsel.
Serving as Of Counsel at Norton & Melnik, APC, he litigated insurance defense cases in personal injury fraud, products liability, and intentional torts while practicing all forms of ADR. He settled multiple insurance defense cases for nuisance value, protecting his clients from exposure to significant damages.
While studying for his LL.M. in the Netherlands, he was a volunteer lawyer for the Israeli Embassy to The Hague, working for Ambassador Harvey Kney-Tal.
More recently he worked at the Wade Law Group as a Senior Trial Lawyer practicing real estate and labor and employment law.
He has practiced in all four district courts in California, argued before the Ninth Circuit Court of Appeals, and is admitted before the United States Supreme Court.
Partner
Brian is a partner in the firm’s San Diego office; and specifically works in the Product Liability Department. Mr. Murphy’s practice involves all aspects of federal and state civil trial litigation with a primary focus on product liability, premises liability, personal injury, and government liability. In his professional career, Brian has successfully represented corporate clients, private individuals, and government clients in all phases of litigation. His representation includes manufacturers, distributors, suppliers, and major retailers in numerous areas within the field, such as mass and toxic tort litigation, product defect claims, as well as defending claims involving consumer and commercially available chemicals, substances, and materials.
Over the course of nearly 20 years, Mr. Murphy has represented a diverse range of clients, including large and small businesses in the biotech, chemical, communications, construction, education, entertainment, healthcare, hospitality, insurance, law enforcement, manufacturing, pest control, private post-secondary school, retail, and transportation industries.
Mr. Murphy also has extensive experience defending municipalities (defending government entities and their employees and school districts) and employers. He is admitted to practice in California.He is admitted to practice in all California district Courts, U.S. District Court, Northern District of California, U.S. District Court, Central District of California, U.S. District Court, Southern District of California, U.S. District Court, Eastern District of California.
He earned his law degree from University of San Diego School of Law and his undergraduate degree from University of California, Riverside.
Partner
Robert Pariser supervises a talented team of attorneys who practice in the New Jersey, New York, and Pennsylvania offices. The attorneys I collaborate with are comprised of former educators, prosecutors, law clerks to state and federal judges and insurance professionals.
Robert Pariser’s legal practice focuses on the defense of claims against professionals (E&O, A&B, LPL or MPL), directors and officers (D&O) and against employers (EPL). Mr. Pariser represents design professionals (A&E) and other real estate professionals, including managing agents, appraisers, title agents, condo and co-op boards and developers in various disputes. On behalf of construction owners and managers, he defends claims prosecuted by injured workers brought pursuant to the New York Labor Law.
Robert Pariser also represent clients on other types of discrimination claims, including alleged civil rights violations, including the Americans with Disabilities Act.
Robert Pariser defends environmental cases, involving mold, asbestos and ground contamination.
Robert Pariser represents public and private educators in breach of contract, employment, bullying, failing to promote and in due process matters.
Robert Pariser has had election, stock redemption, auction, foreclosure/ sheriff sale, false arrest, prosecutorial misconduct disputes. Robert Pariser has been on the New York Metro Super Lawyers list from 2011-present.
Partner
Mr. Sanchez Parraga is a partner at Lydecker’s Miami and New York offices. He counsels insurers on insurance coverage, claim adjustment, and contract interpretation on first-party property homeowners and commercial losses, bad faith litigation, fire/theft/fraud investigation, and windstorm coverage. In addition to handling matters of insurance coverage, Mr. Sanchez Parraga frequently represents insurers in trial and appellate courts in first-party property and bad faith litigation. He is also a frequent lecturer on seminars regarding first-party property claims and litigation topics.
Partner
Yehuda brings a wealth of experience as an associate attorney at our Jersey City office. He earned his J.D. from New York Law School in 2023. During law school, Yehuda served as an editor on a regulatory law database at an Amlaw 100 Firm and interned for special counsel at the District Attorney’s office, focusing on appellate matters.
Yehuda is a certified Mediator and is admitted to practice law in both New York and New Jersey. Prior to joining our firm, he worked on estate planning and general litigation matters.
Associate
Mr. de Zayas’ experience includes debtor-creditor law, bankruptcy law, insurance insolvency, construction litigation, employment litigation, and appeals.
He has tried numerous jury and bench trials in state and federal courts and has been appellate counsel in many reported appellate decisions in the commercial litigation, insolvency, creditors’ rights and bankruptcy areas. Mr. De Zayas also has significant experience representing clients in civil antitrust, competition and restraint of trade litigation in state and federal courts. Mr. de Zayas has served as general counsel for the Florida Workers’ Compensation Insurance Guaranty Association since 2004. He heads the Bankruptcy and Insurance Receivership Practice Group at Lydecker.
Mr. de Zayas also has substantial experience representing both commercial debtors and institutional creditors in connection with commercial claims, collections; in documentation and perfection of security interests in all types of collateral; in protection of, and realization on, various types of collateral upon default; in enforcement of judgments; in commercial foreclosure of mortgages and other security interests; in contract litigation; in preference and fraudulent conveyance actions, in insurance company and other commercial receiverships, and in Chapter 11 bankruptcy reorganizations. This varied experience with “both sides” of typical commercial litigation disputes benefits the Firm’s clients in developing successful and efficient strategies for the protection of their interests.
Mr. de Zayas’s practice includes professional liability defense and defense of Bar disciplinary proceedings.
Partner
