Legal Malpractice

Hoffman Alvary has frequently helped counsel and clients evaluate damages arising from alleged legal malpractice.  Because of our intellectual property and law firm consulting practices, we are extremely familiar with the multiple services that intellectual property attorneys provide to their clients, and knowledgeable about issues facing attorneys in this practice area.  In addition to our services related to intellectual property claims, we have worked on behalf of law firms to help quantify damages from other malpractice allegations. 

Some examples of these assignments include:

  • Failure to Pay Renewal Fees on Foreign Patents – We worked on behalf of an intellectual property boutique accused of malpractice for failing to pay renewal fees required to maintain sterilizer technology patents in Korea.  Our analysis demonstrated that because very few sales of potentially infringing goods had occurred in Korea, the patent holder suffered virtually no damages.  This case settled at mediation.
  • Infringement Litigation Defense – Hoffman Alvary worked on behalf of an intellectual property firm accused of malpractice from its defense of a patent infringement suit.  Our analysis showed that the accused infringer had not suffered damages, as its profits from the infringing products exceeded its litigation and damages costs.  This matter settled after our testimony at trial.
  • Improper Patent Prosecution – We were retained by a patent prosecution firm accused of malpractice for failing to secure specific claims in connection with prosecuting a patent.  Our analysis demonstrated that the narrowing of the patent caused no damages:  there was no significant difference between the royalties actually obtained from licensing the patent and those that could have been obtained from licensing a patent including hypothetically different claims.
  • Failure to Pay Timely Renewal Fees on a US Patent – Our firm supported a manufacturer’s malpractice claim against a solo practitioner who failed to pay required patent renewal fees on time.  After the patent lapsed, competitors entered the market.  Our analysis quantified the lost profits and reasonable royalty damages that could have been obtained by the manufacturer if it had been able to enforce its patents against the accused infringer. 
  • Improper Real Estate Foreclosure – Hoffman Alvary analyzed damages suffered by investors when their law firm failed to foreclose properly on a Miami apartment building.  The damages analysis addressed lost rent and income from the property, as well as the decline in value of the building.
  • Failure to Preserve Marital Estate – In the context of a divorce action, we evaluated damages claimed by a wife because her husband’s law firm allegedly failed to monitor a joint brokerage account properly.  The damages calculation highlighted the role of market changes that contributed to brokerage losses over and above the ex-husband’s poor investment strategies.
  • Improperly Drafted Transaction Documents – We calculated damages resulting from a law firm’s alleged failure to draft documents properly in connection with a corporate acquisition.  This analysis involved the computation of incremental amounts spent by the plaintiff due to missing contract terms.