Michael McGirney has represented over 1000 professionals in litigation in Florida since 1990. He concentrates his practice in complex litigation with an emphasis on the defense of professionals. He has represented attorneys, architects, engineers, surveyors, accountants, insurance agents, home inspectors, real estate agents, title agents and title companies, directors and officers, condo boards, school boards, broker-dealers, mediators, insurance companies, third-party administrators and physicians. He has also represented attorneys in matters before the Florida Bar and has represented architects and surveyors before the Department of Professional Regulation. He has represented insurance companies in both coverage and bad faith matters. Mr. McGirney has experience in handling environmental, toxic tort, pesticide, chemical sensitivity and Chinese drywall matters. He has been involved in the defense of class action, mass tort and multi-district litigation. He has experience in monitoring complex matters for excess insurance companies as well as providing insurance coverage evaluations, insurance policy drafting and insurance company audits and risk management evaluations.
Mr. McGirney frequently lectures on ethics, mediation, professional liability and trial matters. He has been certified by the State of Florida on mediator ethics and he has served as an instructor on mediator ethics and liability throughout the State of Florida.
Prior to engaging in the practice of law, Mr. McGirney spent 12 years in various managerial claim positions for a number of insurance carriers. He has claims experience in all lines of insurance. He has 10 years of experience handling professional liability matters on a country-wide basis. In 1986, he helped form a third-party administrator servicing claims and litigation on a nationwide basis for general liability, professional liability and captive insurance programs, including captive legal malpractice programs for domestic and London markets. Some of the programs he developed are still in use today.
Upon graduation from law school in 1990, he helped open the Tampa Office of Stephens, Lynn, Klein and Mc Nicholas, where he was the managing partner of the general liability and non-medical professional liability groups. During his ten-year tenure at that firm, the office grew from two to 15 attorneys and the firm grew from 18 to 62 attorneys.
In 2000, he was asked to open the State of Florida for the Philadelphia firm of Marshall, Dennehey, Warner, Coleman & Goggin, one of the only defense only law firms in the country. He served as the managing partner of the Tampa Office and opened offices in Ft. Lauderdale, Orlando and Jacksonville. He acted as regional managing attorney for the Florida operations of the firm and served on the firm’s Board of Directors. Mr. McGirney was responsible for the growth of the firm’s Florida Operation in which the firm opened four offices with 50 attorneys with approximately $15 Million in annual revenue in four years.
In 2007, he opened and managed the Tampa Office of Daniels, Kashtan, Downs, Robertson & McGirney. He was responsible for the formation of the firm’s legal malpractice defemse group and acted as general counsel and ethics counsel for the firm.
Mr. McGirney has achieved an AV Preeminent Rating from Martindale Hubbell and has been named a Florida Super Lawyer in the areas of professional liability defense, construction litigation and insurance coverage. He has also been listed in Tampa Bay Magazine as a Best Lawyer in Professional Liability. He has been named a Top Lawyer in Tampa Bay and South Florida. He has been included in Who’s Who in Law and was named a Best Lawyer in America. He was also named Florida Lawyer of the Year in 2017 by Corporate America Magazine.
Representative cases include:
- Obtained a summary judgment in the U.S. District Court, Middle District of Florida for an insurance company being sued for bad faith. Successfully argued that there could be no bad faith claim if the insured had an excess policy of insurance. The 11th Circuit Court of Appeals affirmed the summary judgment after a ruling by the Florida Supreme Court on the issue.
- Obtained a defense verdict in a class action lawsuit against a mortgage foreclosure law firm. Argued that the Florida Doctrine of Litigation Immunity would apply to an incorrect mortgage payoff letter, which was the basis for the class action lawsuit. The trial court ruled that the Doctrine did not apply to a statutory litigation such as the FCCPA but the Florida Supreme Court overturned the trial court ruling and held that the Doctrine would apply to all litigation.
- Obtained a dismissal on a case of first impression in which an expert witness was sued for malpractice for his testimony at trial. Argued that the Florida Doctrine of Litigation Immunity would apply and the trial court agreed, dismissing the case with prejudice.
- Obtained a favorable verdict for an architect being sued for the design of residential property. Plaintiffs claimed $3,900,000 in damages. Argued that the Plaintiff was not entitled to more than $10,000 in damages and the jury agreed. The Plaintiff ended up paying attorney’s fees at conclusion of case.
- Obtained a favorable settlement for an engineering firm, which was a party in a $250 Million lawsuit for design defects in a fresh water reservoir supplying water to the Tampa Bay region. Settlement was obtained early in the litigation for a nuisance settlement.
- Obtained a dismissal of an action brought by the Florida Department of Business Professional Regulation against a Ch