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PROFESSIONAL LIABILITY

Moss & Barnett is recognized as one of the leaders in the area of professional liability litigation. Our practice includes advising professionals on how to avoid claim exposure, how to respond to pre-lawsuit claims, and defense of malpractice claims. Moss & Barnett actively represents clients throughout the Upper Midwest, including:

  • Accountants
  • Attorneys
  • Architects and engineers
  • Insurance agents
  • Real estate professionals

The firm is particularly active in the defense and representation of certified public accountants (CPAs). We have defended accountants and firms throughout the Upper Midwest for the past three decades. We have worked closely with the Minnesota Society of Certified Public Accountants on tort reform and legislative initiatives, lectured and written about the litigation of CPA malpractice lawsuits, and counseled CPAs throughout the United States on loss prevention and claim avoidance. We have also defended CPAs who have been sued for malpractice and related claims in state and federal courts. Finally, we represent accountants facing disciplinary proceedings before state licensing boards and professional ethics committees at the national and state levels.

Our attorneys have also represented and defended lawyers on legal malpractice claims. On occasion, the firm has represented clients pursuing a professional liability claim against their former attorney.


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Case Summaries

Professional Malpractice

[03/11] Freedman v. Brutzkus
In plaintiff's action for fraud against defendants, trial court's dismissal of the action following the sustaining of defendants' demurrer is affirmed as a signature of an attorney under the legend "approved as to form and content" on a contract does not amount to an actionable representation to an opposing party's attorney that can provide a basis for tort liability.

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Ethics & Disciplinary

[02/26] Florida Bar v. Bitterman
A referee's report and recommendations pertaining to the misconduct of an attorney while under a rehabilitative suspension, as a result of the her inappropriate behavior in dealing with an unrepresented person and conduct involving dishonesty, are approved but the recommended sanction is disapproved and the attorney is disbarred and taxed with costs.

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Ethics & Professional Responsibility

[03/05] Smith v. Mahoney
In a capital habeas matter, the denial of the petition is affirmed where: 1) although defense counsel inadequately investigated the facts of the case before allowing petitioner to plead guilty, petitioner did not establish that he was prejudiced by his lawyer's representation; 2) non-character, non-circumstance evidence need not factor into the constitutionality of a death sentence; and 3) petitioner failed to develop his claim of judicial bias sufficiently to warrant an evidentiary hearing.

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Legal Malpractice

[03/11] Freedman v. Brutzkus
In plaintiff's action for fraud against defendants, trial court's dismissal of the action following the sustaining of defendants' demurrer is affirmed as a signature of an attorney under the legend "approved as to form and content" on a contract does not amount to an actionable representation to an opposing party's attorney that can provide a basis for tort liability.

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