Brown McCarroll Attorneys at Law

Professional services controversies often involve substantial claims of physical or monetary injury and, in many cases, the careers and professional standing of the service providers are at risk. We understand the high stakes and work diligently to resolve the matter in the best possible way for our clients.

Although we have an emphasis on defense of professional service providers, our capabilities and experience includes representation of plaintiffs when our firm does not have a conflict in doing so. In addition to direct representation in professional services disputes, we have handled many professional liability matters for insurance carriers.

Professional Liability

Professionals and entities offering professional services often find that they are at risk for being sued for acts, errors or omissions arising out of the performance of their specialties. Our attorneys have a thorough understanding of professional licensing requirements and standards of professional conduct.

One of the strengths of our team is our depth of knowledge of particular industries: health care, real estate, insurance, banking and finance, to name a few. This insight helps us guide you through the process. In addition, one of our attorneys is a past chairman of the Supreme Court Task Force on Texas Disciplinary Rules of Professional Conduct and served as chairman on the State Bar of Texas’ Board of Disciplinary Appeals. He has great insight into legal ethical and malpractice issues and has been repeatedly selected by his peers to represent them in legal malpractice cases.

We have extensive experience in handling professional liability claims involving:

• Accountants and accounting firms
• Architects
• Builders and contractors
• Engineers
• Financial advisors and securities broker-dealers
• Health care facilities and physicians, nurses, pharmacists, psychiatrists and other health care professionals
• Insurance agents, brokers and agencies
• Lawyers and law firms
• Real estate professionals, brokers, appraisers and inspectors
• Reporters and other news media professionals
• Software and technology consultants

Our attorneys are thoughtful problem solvers who frequently come up with creative ways to solve matters before trial when it is in our client’s best interest to do so. When trial is the best option or unavoidable, we provide a strategic representation in court, and before professional licensing and credentialing agencies. This includes reaching out to our network to find qualified expert witnesses.

We regularly appear before such agencies as the:

• State Bar of Texas
• Texas Board of Public Accountancy
• Texas Department of Health
• Texas Department of Insurance
• Texas Medical Board
• Texas Real Estate Commission
• Texas State Securities Board

Many individuals also seek our guidance on liability risks, including making a determination of securing insurance coverage for special liability concerns.

Fiduciary Liability

Trustees and fiduciaries have heightened duties of trust and loyalty that can result in their conduct being challenged. Potential claims that can arise from a trust or fiduciary relationship are not confined to corporate officers and directors or to the investment or security industry. Claims for breach of fiduciary duty can arise in any alleged relationship of trust and confidence. They surface against individual or corporate executors and individual and corporate trustees of life time or testamentary trusts. They also occur in the context of other types of corporate trustee – beneficiary relationships.

Our attorneys have handled numerous fiduciary cases involving:

• Partners and business associates
• Individual or corporate executors
• Individual and corporate trustees
• Corporate officers and directors
• Individuals accused of violating fiduciary duties arising out of personal relationships.

For fiduciary claims involving trustees or executors, our professional liability attorneys can draw on the strengths of our estate planning and probate attorneys in the area of trust law. One of our attorneys in this area is a Fellow in the American College of Trust and Estate Counsel and has served as chair of the Trust Code Committee of the Real Estate, Probate and Trust Law Section of the State Bar of Texas.

Officer and Director Liability

The development of sophisticated corporate governance guidelines; the proliferation of corporate fraud cases; and the willingness of shareholders or new management to challenge the decisions of officers and directors have led to an increase in the number of suits filed against former or current management.

We have experience in handling cases involving director and officer liability claims, related to:

• Accounting irregularities
• Mergers and acquisitions
• Insolvency-related proceedings
• Employment-related claims
• Environment liability
• Breaches of competition law
• Breaches of fiduciary duty
• Usurpation of corporate opportunity and alleged self-dealing claims