We are Passionate about Defending Lawyers
The team at Klein Park & Lowe, P.L. has spent 35 years defending Florida’s lawyers and accountants. From solo practitioners and large law firms, business deals gone bad, and broken client expectations, we’ve seen it all. Other professionals place their trust in Klein Park & Lowe, P.L.; you should too.
- Attorney Liability Defense
- Accounting Liability Defense
- General Liability Defense
- Commercial Litigation
- Construction Litigation
- Risk Mitigation
- Ethical Compliance
- Insurance Coverage
KPL primarily focuses its practice on the representation of fellow attorneys. The Firm’s client base ranges from the solo practitioner to nationwide firms in a diverse spectrum of practice areas and matters.
Regardless of the nature of the claim asserted against the lawyer or the law firm, we are “lawyers’ lawyers”; each client receives the full benefit of the Firm’s unparalleled experience and work product. The Firm has tried multiple professional malpractice claims and has been involved in the creation of much of the law protecting Florida lawyers to this day.
Notable decisions include the first case in Florida adopting judgmental immunity as a defense in a legal malpractice action; as well as the first appellate decision in Florida to determine that there was no joint liability as between predecessor and successor counsel where the successor attorney had ample opportunity to obviate errors caused by the original attorney.
Rarely is an accounting malpractice claim simple. They frequently involve complex questions of regulatory and statutory compliance, professional auditing standards, all against the backdrop of difficult causation and damages analysis.
The lawyers of KPL speak the language of accountants and auditors. They understand how these issues are resolved in a real trial setting and how to convey them in way even the most humble juror can understand. The Firm has defended a wide range of accounting malpractice claims across the State of Florida. From challenging tax issues, disputes over audit results, and accountants getting pulled into issues involving corporate solvency, our attorneys are well equipped to handle some of the thorniest issues facing accounting professionals today.
As a compliment to the firm’s extensive professional liability practice, KPL defends self-insured corporations, insurance companies and their policyholders in bodily injury, wrongful death, and property-damage claims.
Many of our clients are hotels, restaurants, not-for-profits, condominium associations, and homeowner associations. These cases run the gamut from straight-forward slip-and-fall claims to cases involving catastrophic injuries and difficult negligent-security claims. KPL has litigated these cases in virtually every state, federal, and appellate court in Florida.
Our team has worked with a number of established experts in various fields, such as engineering, medicine, economics and vocational rehabilitation and has litigated against a number of recurring plaintiff experts.
KPL has a proven track record of eliminating frivolous lawsuits by exposing fraudulent claims. At the same time, our firm is cognizant of the immense cost and toll these cases can take and is constantly searching for practical and efficient resolution of these claims whenever possible.
KPL’s vast experience defending professionals makes it well suited to the rigors of commercial litigation. Commercial litigation covers a wide range of dispute topics including: fraud and misrepresentation claims, defamation, business disputes, and breach-of-contract claims.
KPL offers quality counsel and representation to companies and individuals throughout Florida, as well as organizations nationwide who require representation in Florida. We strive to minimize the cost of resolving these business disputes. Our trial lawyers have provided representation in business and commercial litigation, arbitration, and alternative dispute resolution services across a broad range of industries.
Our Construction Litigation practice brings with it extensive experience representing project owners, sureties, architects, engineers, general contractors, and the trades responding to direct and derivative construction defect claims. Whether the allegations arise out of professional malpractice, value engineering decisions, water intrusion, structural failure, product or specification non-compliance, our attorneys have the training and experience to read and comprehend plans, establish the customs and practices of the various trades, and to distinguish applicable code provisions. We also engage in coverage evaluations on construction issues, including the application of the Work Product Exclusion, which we have successfully argued at the trial and appellate levels on behalf of our clients.
Alleged construction defect cases continue to resolve satisfactorily with reliance upon statute of limitations and allegedly latent defect issues; the drafting and scope of contractual indemnification provisions; Florida’s economic loss doctrine prohibiting a recovery in tort for parties in privity of contract; the striking of attempts to plead “stigma” damages; distinguishing betterments from compensatory loss claims; defeating loss profit claims; the unintended consequences of so called “1031 exchanges;” and, the performance of a professional in accordance with the applicable standard of care.
The firm’s experience includes a working relationship with consultants in Florida and nationwide, who are available to assist either formally or informally with technical and laboratory analyses. These analyses have included the microscopic slicing of coating and material layers; corrosion and metallurgical testing; the impact of ultraviolet rays, humidity, and temperature variations on building envelopes, as well as mold conditions arising from improper maintenance rather than alleged construction defects.
Lawyers routinely find themselves facing complicated legal and factual issues that affect not only their clients, but potentially themselves. Take for example, a lawyer who is representing a client or clients and learns in the course of his engagement of a potential conflict of interest that can have far-reaching adverse consequences. Or, a lawyer who succeeds in recovering money for her client, yet finds herself in the crosshairs of another dispute when non-party individuals or entities make claims to the monies being held in trust for the client. In many instances, lawyers determine to “go it alone” without proper consultation. Oftentimes, this has the unfortunate effect of exacerbating the situation thereby inviting a claim against the lawyer herself.
The Firm maintains a significant practice counseling other lawyers in these types of situations. In each situation, the Firm works closely with its client to navigate through some of these more difficult situations. In these instances, the Firm’s goal is to altogether eliminate any future claim. Where that is not possible, the Firm’s efforts are focused upon mitigating any potential losses that can be asserted against the lawyer in any future claim.
In connection with the Firm’s active risk mitigation practice, the Firm regularly lectures both in-house and at seminars to lawyers, insurance companies, and other risk professionals.
The Firm’s defense of lawyers is not limited solely to the courtroom. The Firm also maintains an active practice representing lawyers in ethical proceedings before the Florida Bar.
It is a rather unfortunate circumstance when a lawyer is accused of violating the Florida Bar rules. A lawyer who receives a bar complaint by a dissatisfied or disappointed former client, adversary, or other individual is oftentimes in disbelief; sometimes even embarrassed. In most instances, the lawyer has never received any such complaint and is entirely unfamiliar with the process.
In these matters, the Firm first strives to educate the client concerning the process so that the client is informed and can intelligently assess the ensuing proceedings. Next, the Firm directs its considerable experience in these matters to address the allegations with the Florida Bar with sensitivity and thoughtfulness with the aim of having the matter dismissed. If the matter is not dismissed at the initial stage, the Firm works closely with the client through the grievance committee stage, and if necessary, through trial to ensure the most practicable result.
KPL both advises and litigates insurance coverage matters on behalf of insurance carriers throughout the state of Florida. The Firm has considerable experience across all segments of the insurance industry, including property and casualty insurers, professional liability carriers, life and health insurers, TPA’s, reinsurers and other related entities. Our attorneys serve as counsel and approved panel counsel for dozens of the best-known names in the industry, including AIG, Nationwide Insurance Co., Liberty Mutual Ins. Co., Crum & Forster, Great American Ins. Co., Markell Corp., Scottsdale Insurance Co., Philadelphia Indemnity Ins. Co., ProNational Ins. Group, and many others.
Our attorneys provide advice and counseling on coverage and bad faith issues before such matters reach litigation to minimize our client’s’ exposure to adverse consequences. Our attorneys lecture extensively on insurance coverage and bad-faith litigation. We also provide regular in-house seminars for our clients to assist them in implementing better claims practices and help them fulfill their mandatory continuing education requirements.
KPL has litigated scores of coverage and bad-faith claims throughout Florida at both the state and federal level. We provide a team approach which allows us to access the broad combined legal experience of our coverage team which includes members who have litigated virtually every kind of coverage dispute our clients are likely to encounter.
Who is KPL?
Meet Klein, Park, and Lowe