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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

[08/29] Bismar v. Morehead
In a medical malpractice suit, dismissal for lack of jurisdiction of defendant's interlocutory appeal of denial of his motion for dismissal and attorney's fees on the ground that plaintiffs submitted a deficient expert report is reversed where the motion for dismissal was reviewable on interlocutory appeal.

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Ethics & Disciplinary

[08/28] In re Barach
On show-cause order for reciprocal discipline for respondent-attorney for failing to keep or maintaining adequate records of client accounts, failing to return unearned client fees, charging "clearly excessive" fees for work he did not perform, court imposes reciprocal discipline and suspends respondent from practicing before present court over claims of error that: 1) respondent was denied due process by setting the bar for proof of misconduct too low; and 2) case law demands a different outcome.

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Ethics & Professional Responsibility

[09/04] Cox v. Del Papa
In a habeas corpus case, an order denying habeas petition is affirmed with the Court holding that: 1) previous findings of incompetency to stand trial do not give a petitioner the right to a hearing on his ability to have waived his Miranda rights where petitioner does not argue that waiver was made incompetently or unintelligently; and 2) petitioner's claim of ineffective assistance by counsel in sentencing fail where plaintiff fails to put forth any mitigating evidence ignored by counsel.

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Legal Malpractice

[08/29] Bismar v. Morehead
In a medical malpractice suit, dismissal for lack of jurisdiction of defendant's interlocutory appeal of denial of his motion for dismissal and attorney's fees on the ground that plaintiffs submitted a deficient expert report is reversed where the motion for dismissal was reviewable on interlocutory appeal.

More...


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