[CLC-Discussion] Engineer furnishing legal services

[Larry Leiby]

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 at 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 at 01CE36C2.14EAA380]

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Richard A. Burt
Sent: Thursday, April 11, 2013 2:24 PM
To: Construction Law Committee (clc-discussion at 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 at burt-burt.com<mailto:dick at burt-burt.com>
www.burt-burt.com<http://www.burt-burt.com/>


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