Professional Liability

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The trial attorneys of Williams Montgomery & John are known for their vigilant and effective defense of professionals facing malpractice and misfeasance actions.

We have been the go-to firm for lawyers, accountants, architects, engineers, insurance brokers and agents and real estate professionals. Our professional liability practice also extends to errors and omissions claims against corporate officers and directors, trustees, clergy and reinsurance intermediaries. In addition, we provide insurance coverage analysis for professional liability claims.

Our attorneys have represented law firms throughout the country in malpractice cases involving patents, securities fraud, conspiracy, RICO, lender liability and a host of other issues.  We have represented individual accountants, "Big 4" accounting firms, many large regional firms and many of the largest accounting firms in Chicago in state and federal courts across the United States, as well as before many state licensing and accounting boards, the American Institute of CPAs and the Securities and Exchange Commission.

We have represented insurance agents and brokers in lawsuits alleging fraud and misrepresentation; engineers and architects against claims of professional negligence; and real estate professionals in malpractice actions and in disciplinary proceedings before the Illinois Department of Financial and Professional Regulation.

The firm's professional liability practice is led by partner Peter John, a Fellow of both the American College of Trial Lawyers and the International Society of Barristers.  Mr. John has been listed in Best Lawyers in America for business litigation since 1995. Several of the other partners in this practice group have been selected by their peers for inclusion in Best Lawyers in America, Illinois Leading Lawyers and Illinois Super Lawyers for professional malpractice defense or medical malpractice defense.

For more information about the firm's professional liability practice, please contact Mr. John at 312.443.3210 or pcj@willmont.com.   



Representative Matters

  • Board of Trustees of Community College District No. 508, County of Cook, State of Illinois v. PricewaterhouseCoopers L.L.P.

    Circuit Court of Cook County, Ill., Illinois Appellate Court and Illinois Supreme Court
    Won $13 million jury verdict for the governing board of the City Colleges of Chicago in an audit malpractice lawsuit against PricewaterhouseCoopers and another auditor, which settled after trial for a confidential amount. This is believed to be the largest reported audit malpractice jury verdict in Illinois. Judgment was affirmed by the Illinois Appellate Court and Illinois Supreme Court.

  • City of Chicago v. Murphy Jahn

    Circuit Court of Cook County, Ill.
    Obtained dismissal of breach of contract and negligent representation claims against structural engineering firm Werner Sobek, which was engaged by the City of Chicago to develop structural steel plans and specifications for the renovation of the domestic terminals at O'Hare Airport. The City sought several million dollars in damages from the defendant for full scale remediation of faulty welds.

  • City of Dubuque, Iowa v. a Law Firm

    U.S. District Court, Southern District of Iowa
    Obtained favorable settlement on behalf of a large law firm in a legal malpractice claim arising out of the theft by a trust manager of $61 million in assets from a trust allegedly improperly drafted by the firm. Lost on liability as to trust beneficiaries; won as to claims of trustees and on apportionment of damages claimed by co-defendant trust administrator, Bankers Trust. Case settled for $2 million.

  • CNA v. Meckler

    Circuit Court of Cook County, Ill.
    Represented defendant in claim for legal malpractice in the defense of plaintiff's insureds. Defendant counterclaimed for $1.5 million in fees owed by plaintiff. Case resolved in mediation.

  • Consumer Systems Corporation v. Continental Bank, et al.

    Circuit Court of Cook County, Ill.
    Obtained judgment in favor of law firm and attorney defendants in litigation involving lender liability, alleged professional negligence, alleged employee dishonesty and RICO claims. Judgment affirmed by the 1st District Appellate Court on August, 11, 1997.

  • Duro-Med Industries, et al. v. Bryan Cave

    Private Arbitration, Kansas City, Mo.
    Action involving patent rights in Japan and Europe.

  • Freund Equipment v. Rusing

    Circuit Court of Cook County, Ill.
    Settled lawsuit against an insurance agent charged by an employer with negligently constructing a health insurance plan for its employees.

  • Kristan v. O'Brien

    Circuit Court of Cook County, Ill.
    Won malpractice lawsuit representing defendant's attorney against allegations of failure to prosecute case.

  • LaFlamboy v. RSM McGladrey, Inc.

    Circuit Court of Cook County, Ill.
    Obtained summary judgment for accounting firm client in defense of lawsuit alleging negligent tax services.

  • Liberty Mutual v. Ross & Hardies

    (Ill. App. 1st Dist. 2001)
    Handled case of first impression in Illinois involving claims of attorney malpractice. Appellate court found insurer had no right of subrogation against its insured's defense counsel.

  • Midwest Imports v. Coval

    71 F.3d 1311 (7th Cir. 1995)
    Successfully argued appeal of accountant's malpractice case. Seventh Circuit affirmed summary judgment for auditor client finding no breach of duty of care.

  • Mitchell Bros. v. Warady & Davis

    Circuit Court of Cook County, Ill.
    Favorably resolved lawsuit against accounting firm and its partners alleging failure to detect and report defalcation. Plaintiff declined pretrial offer of $275,000 and asked jury for more than $800,000 in damages. After a two-week trial, jury returned verdict of $133,000.

  • Petra Financial Advisors v. Baker Tilly Virchow Krause, LLP

    Circuit Court of Hennepin County, Minn.
    Obtained favorable settlement on behalf of accounting firm in claim of audit negligence arising out of a large ponzi scheme.

  • Pippen v. Wineberg & Lewis

    Circuit Court of Cook County, Ill.
    Obtained summary judgment for accounting firm client in defense of lawsuit brought by professional basketball player alleging negligence.

  • Stop-N-Go Stores of Madison v. Virchow, Krause & Co.

    Circuit Court of Dane County, Wis.
    Obtained summary judgment for accounting firm client in defense of lawsuit alleging negligence in conducting an audit. Summary judgment granted based on contractual limitations period in client engagement letter.

  • Tokyo KikaiSeisakusho, Ltd., et al. v. Perkins Coie, et al.

    District of Columbia Superior Court
    Obtained settlement for plaintiff TKS in conflict of interest and malpractice lawsuit against law firm arising from product dumping case that resulted in a $33 million verdict against TKS.

  • White v. Kenneth Warren & Son, et al.

    U.S. District Court, Northern District of Illinois
    Represented executors of English estate in claims that defendant appraisers and violin dealers conspired to defraud the estate out of fair value of fine violins. Attracting international attention – and feature articles in the Guardian, Wall Street Journal and Chicago Tribune – the case settled shortly before trial.

  • Wolf & Company v. Cevin

    (Ill. App. 2nd Dist. 1997)
    Obtained appellate decision for auditor client in accountant's malpractice case in which the plaintiff sought $21 million in damages. Appellate court affirmed summary judgment for auditor, finding that parent corporation had no standing to assert claims for failed subsidiaries.