Professional liability is an umbrella term for the liability that lies upon professionals.
One of Bergenser Law Firm’s core competences is within the scope of professional liability relating to a large number of different types of professionals.
Professional liability is based on the basic idea that as a professional within a certain area the professional should be assessed on the general standard of liability for the professional.
The predominant standard of liability for professionals is negligence after which it is a necessary condition for liability that the professional acts faulty. A comparison is made between how the ordinary good professional would have acted in a similar situation. The business practice shall be carried out in a manner that can be characterized as the ordinary good counseling, which however not necessarily statues an optimal counseling.
In order to assess whether the behaviour of a professional is faulty a deep insight in the area of the professional in question is necessary, including the regulation which regulates the business in question and in particular the regulation which regulate the professional’s solving of the task at hand.
In order to provide adequate advisory on the liability assessment it is crucial to possess in-depth knowledge about the subjects and business in which the professional in question operates, i.e. accountants, lawyers, real estate brokers, insurance agents, investment bankers, building experts, banks etc.
Furthermore Bergenser Law Firm has extensive experience in the adjacent liability areas that often are relevant to consider when a professional is met by a claim.
Especially the regulation on the professional’s behavioral and disciplinary matters may have importance for the liability assessment, but also the criminal liability of which the professional is subject, may have relevance for the assessment of the civil liability, just as these issues may influence on the insurance coverage for the professional.
Insight in the good practice regulation, which is found for most professions, is of great importance due to the fact that the good practice regulation has varying importance for the liability. To some professions the good practice regulation has little or no influence on the liability assessment, as the regulation is merely a standard of behavior, whereas good practice regulation to other professions is identical to the liability assessment, and thus decisive for the civil liability.
Bergenser Law Firm also has extensive experience in representing professionals in front of the different disciplinary and complaints boards, including The Auditors Board, The Disciplinary Board for Lawyers, The Real Estate Brokers Board, The Danish Complaint Board of Banking Services, The Business Appeals Board etc.
In certain special cases, for instance in issues relating to management liability, it is imperative to possess knowledge to the liability of professionals, due to the fact that it very often should be considered to involve for instance the external accountants, the company’s lawyer or bank.
Bergenser Law Firm has extensive experience in dispute resolution and litigation within this area and represents professionals and insurance companies in the ordinary courts as well as in arbitration.