Empathy List Archives

RA

Richard A. Burt

Thu, Apr 11, 2013 6:23 PM

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 mailto:dick@burt-burt.com
www.burt-burt.com http://www.burt-burt.com/

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<mailto:dick@burt-burt.com> www.burt-burt.com<http://www.burt-burt.com/>

LL

Larry Leiby

Thu, Apr 11, 2013 6:37 PM

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

[cid:image001.jpg@01CE36C2.14EAA380]

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 mailto:dick@burt-burt.com
www.burt-burt.com http://www.burt-burt.com/

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 [cid:image001.jpg@01CE36C2.14EAA380] 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<mailto:dick@burt-burt.com> www.burt-burt.com<http://www.burt-burt.com/>

HA

Howard Allen

Thu, Apr 11, 2013 11:33 PM

I concur with Larry. No brainer. How can you hire a non lawyer to provide legal services?

Sent from my iPhone

On Apr 11, 2013, at 2:52 PM, "Larry Leiby" <Leiby@mkpalaw.com mailto:Leiby@mkpalaw.com> wrote:

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 mailto: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

<image001.jpg>

From: clc-discussion-bounces@lists.flabarrpptl.org mailto: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 mailto: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 mailto:dick@burt-burt.com
www.burt-burt.com http://www.burt-burt.com/

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I concur with Larry. No brainer. How can you hire a non lawyer to provide legal services? Sent from my iPhone On Apr 11, 2013, at 2:52 PM, "Larry Leiby" <Leiby@mkpalaw.com<mailto:Leiby@mkpalaw.com>> wrote: 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<mailto: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 <image001.jpg> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto: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<mailto: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<mailto:dick@burt-burt.com> www.burt-burt.com<http://www.burt-burt.com/> ______________________________________________________________________ This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com ______________________________________________________________________ _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org<mailto:CLC-Discussion@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/clc-discussion ______________________________________________________________________ This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com ______________________________________________________________________