Best Lawyers 2021


Professional Negligence Litigation
Kirby & Kirby LLP

Professional Negligence Litigation

The Firm’s attorneys have been retained by some of San Diego’s best to defend them against claims involving professional negligence.  The Firm’s attorneys have represented accountants, lawyers, law firms, officers and directors, real estate brokers, registered investment advisors, and other professionals in such litigation.  Following are examples of professional negligence cases handled by the Firm’s attorneys:

  • Michael L. Kirby and Jason M. Kirby defended a highly respected San Diego law firm against professional negligence and fraud claims.  In 2016, the Firm obtained an order from the Court granting summary judgment and the case has now been dismissed.
  • Michael L. Kirby and Jason M. Kirby defended a highly successful San Diego law firm against professional negligence regarding alleged conflicts airing from its representation of multiple trusts and beneficiaries without documented conflict waivers for all trusts and clients.  The professional negligence action arose from a highly contested litigation among the various trusts and beneficiaries where millions of dollars were at stake.  The matter was quickly resolved after the Firm’s attorneys were able to convince opposing counsel that the suit lacked merit and would likely ruin potentially meritorious claims against other parties that had yet to be filed. 
  • Michael L. Kirby and Jason M. Kirby represented a highly successful accounting firm against professional negligence allegations arising from allegations that the accounting firm had professional obligations to persons relying upon the tax returns prepared by the accounting firm. They were successful in obtaining summary judgment and/or adjudication and thereafter resolved the case.      

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