David S. McMonigle

Dave McMonigle's practice is dedicated to the defense and counsel of lawyers, law firms, and professional service providers, with a focus on risk management, State Bar matters and litigation defense.

He said his choice to join Long & Levit was influenced by the firm's unwavering commitment to its clients and the legal craft -- a testament to his own dedication to the profession. McMonigle's recent involvement in a legal malpractice matter arising out of a complex business litigation case, fraught with client competency issues, underscores the intricate challenges facing the legal profession, particularly as the demographic of practicing lawyers ages. McMonigle said the underlying matter was tried in arbitration and it didn't go well.

"The issues in the malpractice lawsuit related to how much was spent on the case, what was lost, and what was communicated about how the case was going," he said. "The unstated but key issue was whether the lawyer was up to the task to advise the client and try the case. We worked to resolve it in a manner that was fair and respectful of the circumstances. These issues can be thorny regardless of it arising in the context of a solo or in a firm environment."

Discussing trends within his field, McMonigle said: "Further trends involve efforts by non-clients to establish duties beyond the confines of the attorney-client relationship or participatory claims such as conspiracy or aiding and abetting. Also, there is much talk around AI and how its use relates to the standard of care analysis, though that is not an issue that has really made its way into malpractice lawsuits at this point."

McMonigle is a second-generation professional liability attorney--his father, Joseph P. McMonigle, also works at the firm.

"I don't think it can be captured in a short response the extent to which Joe's practice has affected mine," the younger McMonigle said. "We have many similarities and some differences we like to laugh about, but there is no doubt that he's influenced every nook and cranny of my practice one way or another."

He added that his father has mentored or affected numerous lawyers at our firm and sprinkled elsewhere.

"There are many Joe-isms, but the one that comes to mind is that good lawyers come in all shapes and sizes," McMonigle said of his father. "Meaning don't allow yourself to think that someone's competence is defined by their appearance, their office space, or the firm name on the door."