It is not uncommon for engineers to provide the contract forms for public agencies. That should not be considered the UPL. In order to address the other concerns, they could establish a 3 party relationship where the Owner directly hires the attorney for proposes of the A-C privilege, but the engineering firm pays the attorney's fees- similar to insured/insurer relationship. Stuart H Sakwa Attorney at Law ARNSTEIN & LEHR LLP www.arnstein.com <http://www.arnstein.com> 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.650.8484 Mobile: 954.261.9598 Fax: 561.802.3082 shsakwa@arnstein.com <mailto:shsakwa@arnstein.com> <http://legalnews.arnstein.com/> <http://legalnews.arnstein.com/> Serving Clients for 120 Years Offices in Illinois, Florida, and Wisconsin From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby Sent: Thursday, April 11, 2013 2:37 PM To: Richard A. Burt; Construction Law Committee (clc-discussion@lists.flabarrpptl.org) Subject: Re: [CLC-Discussion] Engineer furnishing legal services There used to be a segment on Saturday Night Live called "Bad Idea Jeans.' That fits your scenario. If you check with the Bar UPL committee you will find that this won't work. Your other concerns are also valid. Larry R. Leiby, Esq. Malka & Kravitz, P.A. 1300 Sawgrass Corp. Pkwy., Suite 100 Ft. Lauderdale, FL 33323 Phone: 954-514-0984 Fax: 954-514-0985 e-mail: leiby@mkpalaw.com Board Certified in Construction Law Fla. Supreme Court Certified Circuit Court Civil Mediator Member, Leiby Alexander Brandt ADR Group, LLC Member, JAMS Global Engineering and Construction Panel Fellow, College of Commercial Arbitrators From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Richard A. Burt Sent: Thursday, April 11, 2013 2:24 PM To: Construction Law Committee (clc-discussion@lists.flabarrpptl.org) Subject: [CLC-Discussion] Engineer furnishing legal services Everyone, I represent an engineering firm which is a consultant to a water authority ("owner"). The authority wants the engineering firm to (i) include legal services (contract drafting and review) in its scope of work (ii) hire an owner-designated attorney as a subconsultant to perform these services. [I have asked why the owner can not look to the owner's current attorney or hire its designated attorney directly to perform these services; apparently there are political reasons for not doing so.] It seems to me that the engineering firm will have problems including legal services in its scope of work even though the legal services are to be performed by an attorney under contract as a subconsultant to the firm. Some possible problems: * The engineer's professional liability insurance covers engineering malpractice, not legal malpractice. * The Board of Engineering and/or the Florida Bar may be critical of an engineer who contracts to furnish legal services. * There may be attorney-client communications problems or a possible conflict of interest for the attorney. Have you seen this scenario before? What do you think? Your input will be much appreciated. Dick Burt Richard A. Burt, Esq. BURT & BURT 220 So. Ridgewood Avenue Suite 200 Daytona Beach, Florida 32114 (386) 252-2090 (office) (866) 240-7043 (facsimile) dick@burt-burt.com www.burt-burt.com <http://www.burt-burt.com/> This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.