Practice Area: Professional Liability   drop
It is becoming increasingly clear into today's society that our business and governmental environment involve growing regulatory scrutiny.  This change in regulatory scrutiny has meant more lawsuits or other administrative actions against a vast array of business professionals, including lawyers, doctors and other healthcare prviders, real estate professionals, secutires professionals, insurance professionals, and other professionals. Given the risk of lawsuits or other administrative actions against professionals, professionals must be vigilant in carrying out their duties, while at the same time protecting their reputations, assets, and ability to continue providing services for their patients/clients.

In a cornerstone of our practice, Christensen & Jensen has represented hundreds of professionals in lawsuits, administrative and licensing proceedings, and related matters. Christensen & Jensen’s attorneys are keenly aware of the sensitive nature of these claims, and have the knowledge and expertise necessary to effectively achieve the best possible results for clients in these matters. Co-chair Philip S. Ferguson has extensive experience in representing design professionals and mental health care providers; co-chair Scott T. Evans’ professional liability practice has focused primarily on health care professionals and attorneys.

Representative matters include:
  • Lawyers and law firms. The firm defends malpractice, negligence, and fiduciary duty claims in court and on appeal, as well as Bar disciplinary proceedings. Geoffrey C. Haslam is a former chair of the Supreme Court’s Ethics and Screening Panel, and Karra J. Porter is a member of the Utah Bar’s Ethics Advisory Opinion Committee. The firm also represents lawyers and law firms in contractual disputes. Reported cases include: Christensen & Jensen, PC v. Barrett & Daines, 2008 UT 64, 194 P. 3d 931 (standards of causation for malpractice claims and equitable fee awards); Spratley v. State Farm Mut. Auto. Ins. Co., 78 P. 3d 603, 2003 UT 39 (right of in-house counsel to pursue claims).
  • Health care providers. This group, led by Phillip S. Ferguson for more than 20 years, defends medical practitioners against claims of malpractice, inappropriate conduct, HIPAA violations, and other allegations of professional misconduct.
  • Construction / design professionals. The firm regularly represents contractors, engineers, architects, appraisers, and other construction professionals in contract and tort claims. Among other achievements, the firm has established important defenses professionals at the Utah Supreme Court. American Towers Owners Association, Inc.v. CCI Mechanical, Inc., 930 P.2d 1182 (Utah 1996) (adopting the “economic loss rule” in claims against design professionals); Stevensen v. Goodson, 924 P.2d 339 (Utah 1996) (precluding claim by security interest holders for alleged damage to mortgaged property from encroachment).
  • Veterinarians. David C. Richards is panel counsel for several veterinary insurers, and has defended numerous veterinary malpractice claims, both pre-trial and in trial.
  • Investment and tax advisors. The firm defends firms, advisors, and accountants in claims by disgruntled investors and clients.
  • Insurance agents and brokers. The firm has handled numerous claims alleging that an insurance professional failed to obtain proper insurance, made misrepresentations, or otherwise breached the standard of care.