Articles, Talks, & Seminar Materials on Professional Malpractice

The resources listed on this page discuss and analyze liability issues affecting professionals, including lawyers, accountants, and mental health care providers. All are subject to copyright, but you may use them freely for scholarly or education purposes.

Please note that several articles date from the last century, and that none of the materials has been updated. Do not rely uncritically on any of them. Always check the current status of any cited court decisions, statutes, administrative rules, or professional codes. Some articles are bookmarked. Some have internal tables of contents you can click on.

Gary Young and Linda Roberson, PDF"Attorney Liability and the Tensfeldt Case," 30th Annual Estate Planning Update (November 2009), State Bar of Wisconsin.

Do court orders and judgments really lose all legal force and effect twenty years after they are entered?

PDF" Malpractice Risks of Collaborative Divorce," Wisconsin Lawyer, May, 2002, vol. 75, no. 5

Attempting to avoid an adversary court proceeding, collaborative divorce imports the adversary relation into your own professional obligations, committing you to serve two adverse masters at once.

PDF Linda Roberson,"Cooperative Divorce: An Alternative," from the June, 2002, issue of Wisconsin Woman

An alternative to collaborative divorce, presented by the past president of the Wisconsin Chapter of the American Academy of Matrimonial Lawyers and past chair of the Family Law Council of Community Property States. More information on cooperative divorce can be found here.

PDF Opinion 115 of the Ethics Committee of the Colorado Bar Association, relating to Collaborative and Cooperative Law.

"The Colorado Rules of Professional Conduct prohibit a lawyer from participating in Collaborative Law so long as a contractual obligation exists between the lawyer and the opposing party whereby the lawyer agrees to terminate the representation of the client."

PDF"Patty, Your New Client ," Discussion Problem from Mental Health Care and the Law, seminar at UW-La Crosse, October 12, 2001. This problem is based in part on the facts alleged in Sawyer v. Midelfort, 227 Wis.2d 124, 595 N.W.2d 423 (1999). After this Supreme Court decision, Gary Young successfully represented the defendant psychiatrist against her malpractice insurer, which refused to provide full coverage for damages.

After this initial interview, should you accept Patty as your client? What do you do when her parents sue you?

PDF"The Chevron Decision: Unanswered Questions In Accounting Malpractice Law," Wisconsin Lawyer, May, 1994, vol. 67, no. 5

When a CPA withdraws a report on a client's financial statements, to whom must the CPA disclose the withdrawal?

PDF"CPA Liability for Estate Planning in Wisconsin," presentation to the Madison Estate Council, April 20, 1998

The primary malpractice risk in estate planning arises from the division of labor among estate planning professionals: Who is supposed to do what?

PDF"CPA Liability Arising from Compilation Engagements," from Accounting Malpractice Law in Wisconsin (1995)

If the CPA assumes no responsibility for the accuracy or completeness of compiled financial statements, how can compilation engagements make the CPA liable to clients and third parties?

PDF"CPA Liability Arising from Review Engagements," from Accounting Malpractice Law in Wisconsin (1995)

Why should you ever rely on a CPA's review report?

Get Acrobat Reader!

© 2012, Gary Young