[CLC-Discussion] Engineer furnishing legal services

Richard A. Burt dick at burt-burt.com
Thu Apr 11 11:23:32 PDT 2013


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


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