An attorney suing a law firm he retained to represent him in a separate matter will be allowed to use his expert witness in the legal malpractice case despite a late request. But the court warned him to tread carefully.

U.S. Magistrate Judge Katherine Robertson of the District of Massachusetts wrote in her opinion in plaintiff Derrick Spatorico’s lawsuit against the law firm of Egan Flannagan & Cohen and two of its attorneys that rejecting Spatorico’s expert would equate to dismissing the case, which the court was not inclined to do.

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