Let’s face it. Few of us in the legal profession want to sue a fellow attorney. The idea of “bad karma” can’t be denied. Litigating is hard, complicated work, and any one of us could hit the same pitfalls as those attorneys facing legal malpractice claims. That is why the law does not require perfection from an attorney in his or her representation of a client, or from any professional for that matter. In fact, generally in suing a professional, the plaintiff must present an expert to confirm that his or her claim is valid.
Below is a general overview of when an expert is needed in a legal malpractice case, the expert’s necessary credentials and the adequacy of his or her report and testimony at trial. While this discussion applies to all professional malpractice cases, the Court Rules and case law should be consulted with respect to specific professions.
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