As part of our ongoing effort to keep clients well informed, as well as others interested in our firm, we provide regular media updates and news about our work, as well as articles written by and about our attorneys.
San Francisco Shareholder Thomas J. D'Amato will be co-presenting Defending Claims Against Real Estate Professionals in a live webcast from Chicago, IL on February 25, 2014. This final installment of DRI's latest Professional Liability 101 series is designed to serve as a primer for litigation real estate professional liability actions, including potential pitfalls and tips. The panelists will discuss the elements of claims specific to the various different professionals through discussions of legal principles and practitioner experience.For more information, please contact the DRI.
On January 14, 2014, Michael P. Bradley, Jason E. Fellner and Caitlin T. DiMaggio, in representing a defendant estate planning lawyer, successfully won on appeal in the California Court of Appeal, First Appellate District. The Court of Appeal affirmed the trial court's order sustaining defendant's demurrer to dismiss the complaint and awarded defendant his costs on appeal. The court reasoned that defendant did not owe plaintiffs, alleged third party "potential beneficiaries" of a will, a professional duty of care because such a duty does not extend to alleged third party beneficiaries absent a showing that the plaintiffs were "express beneficiaries" of the decedent's testamentary intent. As a result, the Court of Appeal determined that the trial court correctly dismissed the action against the estate planning lawyer. (Franicevic v. Peterson (2014) California Court of Appeal, First Appellate Dist. Case No. A13845.)
Jason E. Fellner to present Ethical Issues in Family Law with Joseph Crawford and Hon. Catherine Gallagher (Ret.) at the San Mateo County Bar Association's Funky Credit Day on January 24, 2014 at the Hilton San Francisco Airport Bayfront. For more information: San Mateo County Bar Association
Jason J. Galek to present You Might Be A Tax Return Preparer, If...Understanding Who is a Tax Return Preparer (It Could Be You), Preparer Ethical and Professional Obligations, and Preparer Penalties with Carolyn M. Lee at the Golden Gate University's Annual Beat the Clock program on January 25, 2014. For more information: Golden Gate University
Murphy Pearson Bradley & Feeney announces the elevation of San Francisco attorneys Simone McCormick, Arthur J. Harris, Kimberly A. Shields, Bryan L.P. Saalfeld, and Los Angeles attorney Jeff C. Hsu to Director, effective Jan. 1, 2014. "These five attorneys represent a cross-section of our firm's capabilities," said Michael Bradley, managing partner at Murphy Pearson Bradley & Feeney. He added, "We are very fortunate to have many outstanding associates who we can promote to the partnership."
Murphy Pearson Bradley & Feeney expands white collar and complex litigation groups with additions of two experienced trial attorneys: James Lassart and Adrian Driscoll Join Firm's San Francisco Office.
Murphy Pearson Bradley & Feeney is honored to be recognized as the Best Malpractice Law Firm for a fourth consecutive year in The Recorder's Best issue. The Recorder's 2013 Best survey generated responses from 1,500 legal professionals - representing individuals from every level of the law firms and legal departments.
Sacramento Shareholder William A. Muñoz discusses internal investigations in Lessons Learned from Penn State and Rutgers: General Counsel Internal Investigations.
James Murphy invited to present at ABA's Legal Malpractice Conference James A. Murphy, founding shareholder of Murphy Pearson Bradley & Feeney will present at the ABA's 2013 Fall National Legal Malpractice Conference in San Diego, CA at the Hilton San Diego Bayfront on September 20, 2013. The plenary session, Dr. Jekyll to Mr. Hyde: Evaluation, Preparation, and Transformation of the Difficult Lawyer's Testimony and Delivery, includes insight from leaders in the legal industry. Seasoned jury consultants, witness coaches and all-star attorneys will discuss best practices for preparing attorneys for deposition and trial. You will be equipped to turn attorney stereotypes into defense strengths, engage effective strategies for presentation of your key witness, and understand how slight changes in tone of voice, word choice, and body language can be the key to ultimate success.
Sacramento Office on Capitol Mall. On June 1, 2013 Murphy Pearson Bradley & Feeney, PC opened its new office at 520 Capitol Mall in Sacramento, California. Sacramento Managing Partner William A. Muñoz said, "Our relocation will accommodate our clients more effectively and efficiently as well as strengthen our ties, bringing us near to those we represent including California judges, businesses and professionals - attorneys, architects, directors and officers of corporations, engineers, real estate brokers and agents, and licensed tradepersons. Additionally, this move provides our Sacramento-based attorneys the opportunity to deepen relations in the community in which we have served for nearly 30 years." Most of Murphy Pearson Bradley & Feeney's client base in the greater Sacramento area is located in downtown Sacramento.
Defense Judgment On February 15, 2013, Managing Shareholder Michael P. Bradley and Director Jason E. Fellner obtained a defense judgment in favor of their client, an estate planning lawyer, after successfully prevailing on a demurrer to plaintiffs' multi-million dollar complaint for legal malpractice, breach of contract, tortious interference with prospective economic advantage and intentional interference with prospective economic advantage.
Sacramento Shareholder William A. Muñoz moderates The Risks and Benefits of Legal Outsourcing at DRI Professional Liability Seminar in New York - December 6-7, 2012
Jury awards $2M less than requested - In 2012 a San Francisco County Superior Court jury returned a verdict in a legal malpractice action brought by a plastic surgeon against his former attorneys. Senior shareholder Timothy J. Halloran and associate Jonathan M. Blute defended the three-week trial before Judge Cynthia Lee. Plaintiff alleged that the defendants inserted an improper confidentiality provision in a settlement agreement resolving a prior medical malpractice case against the doctor, resulting in a public reprimand from the Medical Board of California. The doctor claimed the reprimand caused him approximately $2.5 million in lost reputation and lost business. While the jury found for the plaintiff, they awarded only $522,200 in damages. Plaintiff had requested $2.4 million in damages during closing arguments; his final pretrial settlement demand was $1.5 million, and he served a Code of Civil Procedure sec. 998 pretrial offer to compromise in the amount of $715,385.00.
Sacramento Shareholder William A. Muñoz to present at the Northern California Chapter of the Appraisal Institute on June 7th held at Filoli Gardens.
San Francisco based Director Matthew A. Cebrian discusses social media tools to evaluate potential candidates in Please Submit your Resume, References and Facebook Login. April 11, 2012
Sacramento Shareholder William A. Muñoz discusses the California Supreme Court's recent decision in Cassel v. Superior Court and its effect on the scope of the state's mediation-confidentiality rule in Westlaw's Journal on Professional Liability April 11, 2012
(Reprinted with Permission. © 2011 Thomson Reuters.)
IRS Trust Fund Recovery Penalty - Are Your Clients at Risk? by Janet L. Everson and Matthew A. Cebrian