K&L Gates regularly represents lawyers in state and federal courts in actions for malpractice, breach of fiduciary duty and, somewhat less frequently, fraud or malicious prosecution claims. Additionally, K&L Gates represents lawyers before agencies such as the Securities and Exchange Commission and before state and local grievance and disciplinary committees. K&L Gates lawyers serve on various bar association ethics committees and occasionally as expert witnesses in legal malpractice cases. K&L Gates lawyers also handle disputes among lawyers arising out of law firm breakups, and our lawyers are familiar with the claims of breach of fiduciary duty, improper client solicitation and other alleged ethical violations that typically arise in these situations. In all of these often bitterly-contested matters, we guide the lawyers involved with regard to their legal and ethical obligations as well as represent them in connection with the business aspects of their disputes. K&L Gates lawyers have also represented law firms in challenging sanctions awards against those firms and in connection with motions to disqualify.

There are a number of pleading and proof requirements that are peculiar to malpractice cases. A failure to meet these requirements often provides a basis for a successful pre-answer motion to dismiss the complaint. Therefore, at the outset of each case, and before any discovery, we give the most careful scrutiny to the possibility of a dispositive dismissal motion.

Recognizing that our law firm clients are themselves often sophisticated in the subject matter of a particular claim, or in litigation generally, we work closely with our clients and keep them involved in ongoing tactical and strategic decision-making. Consistent with our firm's general practice, K&L Gates staffs each engagement in the most cost-effective way possible, bearing in mind the particular demands of each case, and we make use of the most advanced computer litigation support equipment and techniques. K&L Gates also works closely with its clients to respond to appropriate requirements by their insurers, who may be paying defense costs.

A sampling of some of our law firm representations gives a sense of the breadth of our experience. K&L Gates engagements have included:

• Defending a law firm against a claim that its allegedly negligent corporate advice led to a $250 million loss. The client had malpractice coverage for only a small fraction of this amount, and the plaintiff's settlement demand was well in excess of the policy limits. After our intensive discovery uncovered substantial evidence to support our client's defenses, we persuaded the plaintiff's counsel to agree with our proposal for a "high-low" protocol. This protocol required a nonrefundable payment to the plaintiff and also set a cap on any damage award should liability thereafter be determined at trial. The cap was within the policy limits and, thus, completely protected the personal assets of the law firm's partners. K&L Gates then moved for summary judgment and, with the threat of exposure above policy limits having been eliminated, we were able, during the pendency of this motion, to negotiate a settlement below the agreed-upon damage cap.
  
  
• Defending a law firm in a $130 million malpractice and fraud claim arising out of a complex transaction in which numerous parties participated in the financing and construction of a paper pulp recycling mill. The law firm allegedly failed to represent the venture properly.
  
  
• Defending a law firm alleged to have committed malpractice in representing a wife in a matrimonial matter. The firm's malpractice allegedly resulted in the wife's share of the marital estate being determined in a foreign country, where the wife allegedly received some $22 million less in marital assets than she would have received in a U.S court.
  
  
• Defending a law firm sued for over $100 million in a malicious prosecution lawsuit arising out of the law firm's representation, in an earlier federal action, of one faction of a family owning an international real estate empire.
  
  
• Defending a law firm against a $20 million legal malpractice claim, alleging that the client's settlement of the underlying action was based upon incorrect advice as to which of the client's claims would survive the settlement.
  
  
• Defending law firms in a variety of other contexts, such as a malpractice claim by a developer arising out of complex real estate and partnership transactions; malpractice and billing fraud claims involving hundreds of cases; a malpractice claim arising out of the dismissal of an underlying medical malpractice case; a claim that one partner's theft of client funds rendered the other, innocent members of the firm liable as well; and motions to disqualify due to alleged conflicts of interest or improper contacts with represented parties.

. In addition to representing lawyers, K&L Gates has had various engagements involving the defense of the major accounting firms, as well as smaller regional firms. These engagements have included private actions alleging securities fraud violations, RICO, malpractice, and related torts, as well as SEC enforcement proceedings. We have also frequently represented other regulated professions in a variety of contexts before state professional licensing boards and commissions, including doctors, nurses, pharmacists, psychologists, social workers, accountants, real estate appraisers, and other licensed and certified professionals, and before state and federal agencies investigating claims involving civil and criminal fraud and abuse. We have dealt with proceedings involving license revocations and suspensions, disputes regarding the permissible scope of practice, denials of license applications, the imposition of sanctions, and civil and criminal proceedings involving alleged Medicare and Medicaid fraud and abuse.

Claims involving architects, engineers and others in the construction industry are regularly handled by the lawyers in K&L Gates' Construction and Engineering Industry practice group .