Law Firm Defense

Williams & Connolly has defended lawyers and law firms for more than 40 years. During this time, more than 100 law firms have trusted us to defend them in professional liability matters, including over 50 Am Law 100 firms.

The Washington Post has reported that Williams & Connolly is the firm “that lawyers and law firms turn to when they’re in trouble.” Law360 has identified our firm as one of the select few firms to “Have on Speed Dial if Malpractice Trouble Hits.”

The firm’s experience defending lawyers, law firms, and their insurers includes almost every conceivable type of case, including allegations of malpractice, breach of fiduciary duty, fraud, aiding and abetting, and violation of banking laws and discrimination laws.

Our work for law firms and lawyers has included trials, appeals, arbitrations, disciplinary hearings, and Congressional hearings. We have also represented law firms and lawyers in criminal investigations and SEC investigations. We have represented law firms confronting the controversies that may arise when partners depart one firm to join another. We also provide counsel on legal ethics and law firm governance.

The firm has handled hundreds of law firm matters since the 1980s. Today, more than a dozen Williams & Connolly partners devote a substantial portion of their practice to litigating legal malpractice cases and related law firm defense work. Because none of our partners practices exclusively in one area, we can assemble teams that bring other relevant experience to our defense of law firms. For example, a number of attorneys who defend legal malpractice claims also have active intellectual property practices. And several of our partners have both criminal defense and legal malpractice defense experience, which makes them especially adept at navigating criminal investigations and parallel proceedings on behalf of lawyers and their firms.

Leadership positions

D.C. Board of Professional Responsibility Hearing Committee, member, Charles Davant
Committee on Unauthorized Practice of Law for the District of Columbia Courts, Chair, Charles Davant
U.S. District Court for the District of Columbia Rules Committee, Chair, Kevin Hodges
TriBar Opinion Committee, member, Craig Singer
D.C. Bar Legal Ethics Committee, member, Craig Singer
Working Group on Legal Opinions, Board member, Craig Singer

Publications

“Crossing the Line: Discovery Misconduct and Sanction,” ALAS Loss Prevention Journal, Winter 2023, Meg Keeley.
“Recent Securities Actions Against Lawyers,” October 2022, John Villa
“What Should You Do When You’re Hit by a Cyberattack?,” Litigation News, Summer 2022, John McNichols
“’SPAC’ Clients Pose Unique Risks for Law Firms: Lessons Learned from Defending Lawyers in Malpractice Cases,” CNA, November 2021, Charles Davant and Timothy Pellegrino
“New Ethics Advice on Working from Home in a Pandemic,” American Bar Association, Spring 2021, John McNichols
“Law Firm Not Liable to Adverse Party for Groundless Suit,” American Bar Association, December 2020, John McNichols
“Uber Policy Calls For Refresher On ABA Confidentiality Rules” Law360’s Expert Analysis, January 2020, Paul Boehm
“Attorney Conflicts Arising Out of Common Interest Agreements”, ABA/BNA’s Lawyers Manual on Professional Conduct, 2019, Meg Keeley.
Jones Day Case Highlights Questions Of Attorney Privilege Abroad,” Law360, July 2018, Ana Reyes and Matthew Heins
“Jury Selection 2.0: Ethical Use of the Internet to Research Jurors and Potential Jurors,” Bloomberg Law’s ABA/BNA Lawyers’ Manual on Professional Conduct, December 2017, Rob Cary
“Third-Party Litigation Financing: Ethical Issues for Attorneys,” Thomson Reuters Practical Law, December 2017, Rob Cary
“Managing the ‘Client File:’ Law Firms and Email Preservation,” ALAS Loss Prevention Journal, Winter 2017, Charles Davant
“Just Say No? Managing the Litigation Risk of Refusing to Give an Opinion,” In Our Opinion: Newsletter of the Legal Opinions Committee, Feb. 2017, John Villa and Craig Singer
“The Judicial Error Defense in Legal Malpractice Cases,” ABA's Professional Services Liability Litigation, Dec. 2016, Ellen Oberwetter and Amy Mason Saharia
“Professional Responsibility: Representing Business Organizations,” West Academic Publishing, July 2016, John Villa
“Indemnification Clauses in Retainer Agreements and Guidelines: Why Law Firms Should Say ‘No,’” The Practical Lawyer, June 2016, Charles Davant
“Professionals, Firms, and Fraud: Defending Professionals Against Liability For Client Fraud,” ABA Book Publishing, 2015, Craig Singer
“When the Client Is a Fraud: Defending Professionals and Firms Following a Client’s Misconduct,” ABA Journal, Fall 2015, Craig Singer
“Joint Representations in SEC Investigations,” ABA Lawyers’ Manual on Professional Conduct, Oct. 2015, Meg Keeley
“Defending Malpractice Claims Against A Trustee or Receiver,” Law360, Nov. 2015, Ellen Oberwetter and Craig Singer
“Legal Advice or Business Advice? The Recent Case of Peterson v. Katten Muchin Rosenman LLP and Its Implications for Opinion Givers,” ABA Journal, Fall 2015, John Villa and Craig Singer
“Collective Scienter: An Unrecognized Danger in Legal Malpractice Cases,” ALAS Loss Prevention Journal, Summer 2015, John Villa and John Williams

Presentations

“Arbitrating Legal Malpractice Claims: The Good, The Bad and The Ugly,” 22nd Annual Legal Malpractice & Risk Management Conference, March 2023, John Villa
“Crossing the Line: Discovery Misconduct and Sanctions,” ALAS Loss Prevention Journal, Winter 2023, Meg Keeley
“Current Ethics Issues Relating to Opinions,” Working Group on Legal Opinions, November 2022, Craig Singer and Bill Burke
“Unauthorized Practice of Law,” presentation to the staff of D.C. Superior Court, October 2022, Charles Davant
“Current Ethics Issues Relating to Transactions Practice,” Working Group on Legal Opinions, May 2022, Craig Singer and Bill Burke
“The Bandera Decision: Delaware Court of Chancery Addresses Obligations of Counsel in Giving Legal Opinion,” ABA Business Law Section Spring Meeting, April 2022, Craig Singer
“Ethical Traps for the M&A Practitioner,” Practising Law Institute’s Mergers & Acquisitions 2022: Advanced Trends and Developments, January 2022, Meg Keeley
“Challenges Facing a Law Firm's In-House Counsel: Following Ethics Rules While Protecting the Interests of the Firm,” Strafford Webinars, December 2021, Charles Davant and David Riskin
“Advanced Swaps & Other Derivatives,” Practicing Law Institute’s (PLI) Advanced Swaps & Other Derivatives conference, October 2021, Craig Singer
“Current Ethics Issues Relating to Transactions Practice,” Working Group on Legal Opinions, October 2021, Craig Singer and Bill Burke
“A Litigator’s View on Legal Opinions on Delaware entities by Non-Delaware Lawyers,” Annual Meeting of the ABA Business Law Section, October 2021, Craig Singer
“The Ethics of Remote Practice,” ABA Legal Opinions Committee, May 2021, Craig Singer
“Current Ethics Issues Relating to Transactions Practice,” Working Group on Legal Opinions, May 2021, Craig Singer and Bill Burke
“CLE: Corporate Compliance: Privilege Considerations in Communicating With Business Clients,” April 2021, Joseph Petrosinelli and Kylie Hoover
“Presentation on Formal Opinion 491,” ABA Legal Opinions Committee, March 2021, Craig Singer
“Ethical Traps for the M&A Practitioner,” Practicing Law Institute’s virtual program on Mergers & Acquisitions: Advanced Trends and Developments, January 2021, Meg Keeley
“Current Ethics Issues Relating to Transactions Practice,” Working Group on Legal Opinions, November 2020, Craig Singer and Bill Burke
“Disclosure in the Context of Opinion Practice,” Working Group on Legal Opinions, November 2020, Craig Singer
“Managing and Defending Claims Against Law Firms,” Law Firm General Counsel Virtual Workshop, October 2020, John Villa
“Optimal Pretrial and Trial Strategies to Resolve Causation,” Annual Legal Malpractice & Risk Management Conference, March 2020, John Villa
“Ethics and Professionalism,” Tulane Corporate Law Institute, March 2020, John Villa
“Current Ethics Issues Relating to Opinions,” Working Group on Legal Opinions, November 2019, Craig Singer and Bill Burke
“Restatement of the Law Third, Torts: Liability for Economic Harm,” American Law Institute, October 2019, Craig Singer
“Current Ethics Issues Relating to Opinions,” Working Group on Legal Opinions, October 2019, Craig Singer and Bill Burke
“The General Counsel as Claims Manager,” Law Firm General Counsel Workshop, October 2019, John Villa
“Practical Privilege Issues for In House Lawyers,” Association of Corporate Counsel National Capital Region Corporate Governance - Corporate Law Forum, October 2019, Vidya Mirmira and Colette Connor
“Who’s on First? Conflicts and the Conflicted,” Association of Professional Responsibility Lawyers’ Annual Meeting, August 2019, Meg Kelley
“Legal Ethics Implications,” National Organization of Life and Health Insurance Guaranty Associations, July 2019, Craig Singer
“Global Claims Against Law Firms,” Tenth Annual General Counsel, Compliance, and Risk Forum, May 2019, John Villa
“Current Ethics Issues Relating to Opinions,” Working Group on Legal Opinions, May 2019, Craig Singer and Bill Burke
“Ethics and Professionalism,” Tulane Corporate Counsel Institute, March 2019, John Villa
“Informal Opinions: Quick Questions, Enduring Troubles,” Hinshaw& Culbertson LLP’s Legal Malpractice & Risk Management Conference, March 2019, John Villa
“The Challenges Facing a Law Firm’s In-House Counsel: How to Follow the Ethics Rules While Protecting the Firm,” December 2018, Bill Burke and Charles Davant
“Handling Claims Against Large Law Firms,” 2018 Law Firm General Counsel Workshop, November 2018, John Villa
“‘Thanks, but no thanks’: Professional responsibility and malpractice implications when a client rejects a lawyer’s advice," Working Group on Legal Opinions, October 2018, John Villa and Charles Davant
“New Money/Old Rules,” Association of Professional Responsibility Lawyers (APRL), August 2018, Craig Singer
"The Attorney Client-Privilege and the Common-Interest Doctrine,” 44th ABA National Conference on Professional Responsibility, June 2018, Meg Keeley
"Client Intake and Conflicts of Interest," Working Group on Legal Opinions, May 2018, Craig Singer and Charles Davant
“A Lousy Deal? Defending the Transactional Malpractice Case,” Legal Malpractice and Risk Management Conference, March 2018, Rob Cary
“Unauthorized Practice of Law,” presentation to the staff of D.C. Superior Court, November 2017, Charles Davant
“Surprisingly Common Ethical Missteps in Professional Liability for In-House Attorneys and Company Executives,” Women, Influence & Power in Law Conference, October 2017, Ellen Oberwetter
“A Practical Approach to Understanding, Avoiding and Defeating Aiding and Abetting Claims,” AON Law Firm Symposium, October 2017, John Villa
“Current Ethics Issues Relating to Opinions,” Working Group on Legal Opinions Foundation 2017 Fall Legal Opinions Seminar, October 2017, Bill Burke and Craig Singer
“The Attorney-Client Privilege, the Work-Product Protection, and Rules of Professional Conduct 1.6 & 2.3," Working Group on Legal Opinions Spring Seminar, May 2017, John Villa and Charles Davant
“Ethical Traps in Investigation, Defense and Presentation of Individuals in White Collar Cases,” ABA White Collar Crime Conference, March 2017, Rob Cary
“Indemnity & Contribution: The Law Giveth and the Law Taketh Away,” 16th Annual Legal Malpractice and Risk Management Conference (The Hinshaw Conference), March 2017, John Villa
“IP Malpractice and Ethics Issues,” the Giles Sutherland Rich American Inn of Court, January 2017, Meg Keeley, Bruce Genderson, and Mike Sundermeyer
“Ethical Limits to the Non-Traditional Law Office,” Federal Communications Bar Association Seminar, October 2016, Charles Davant
“The Jury Process of Deflecting the Blame: Contributory and Comparative Negligence and Apportionment,” ABA National Legal Malpractice Conference, September 2016, Meg Keeley
“Representing the Fractured and Imploding Entity,” ABA National Legal Malpractice Conference, September 2016, Craig Singer
“Engagement Agreements with Clients: How to Comply with the Ethics Rules and Protect Yourself from Claims,” Clear Law Institute webinar, September 2016, Craig Singer and Bill Burke
“The In Pari Delicto Defense to Bankruptcy and Other Claims Against Directors, Officers and Third Parties,” Strafford Publication webinar, June 2016, Craig Singer
“Ethical Issues for Financial Services Professionals,” New York Regional SIFMA Conference, November 2015, Meg Keeley
"Current Ethics Issues Relating to Opinions," Working Group on Legal Opinions, October 2015, Craig Singer and Charles Davant
“Risky Business: Who Gets Sued over Opinion Letters and How to Reduce Your Chances of Being Next,” ABA Section of Real Property, Trust and Estate Law webinar, July 2015, John Villa and Craig Singer
“Are Communications Between Law Firm Attorneys and the Law Firm’s In-House Counsel Privileged?” Clear Law Institute webinar, June 2015 Bill Burke and Craig Singer
“Avoiding the San Andreas Earthquake: Lessons Drawn from History for Corporate Counsel,” ACC National Capital Region General Counsel Forum, Crisis Control in the General Counsel's Office, June 2015, John Villa
“Daylight Greeting Cards Inc. v. Hauptmann DVK,” a Mock Trial for the ALAS Annual General Meeting, June 2015, Meg Keeley
“Current Ethics Issues Relating to Opinions Practice,” Working Group on Legal Opinions Foundation 2015 Spring Legal Opinions Seminar, May 2015, John Villa and Craig Singer