[CLC-Discussion] Engineer furnishing legal services

Thu Apr 11 12:02:34 PDT 2013

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 at arnstein.com <mailto:shsakwa at 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 at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at 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 at 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 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

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

www.burt-burt.com <http://www.burt-burt.com/> 

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