They have to do all dealings with their clients and on behalf of their client in good faith. However, legal malpractice arises when the lawyer does not perform his duties with skill and diligence as per the prescribed standards and causes harm to another person.
If there is a case of legal malpractice tort, then having an expert witness testimony will just help you in your case. Expert witness testimony will give the court and jury information on all the technicalities related to the lawsuit. Usually both the defendant and plaintiff arrange for their experts so that underlying matters, which is beyond the knowledge of jurors, is explained.
With an expert witness, a plaintiff should never proceed with the trial. However, without defendant expert witness, the defendant can be sure to get an adverse jury verdict. Since experts are scarce, when you find one, do not be surprised by the substantial fee they request for their services. If the expert does not do a good job, the party employing him will lose the lawsuit and will have to pay the expert’s fees.
However, sometimes in cases of legal malpractice tort, the defendant does use the services of an expert witness. This is only possible if the case is an open and shut one. However, there have been cases when lawyers have failed to elicit expert testimony and have been slapped with a legal malpractice lawsuit.
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