The Roles of Attorneys as Courtroom Experts: Revisiting the Conventional Limitations and Their Exceptions.

Caudill, David S.

Journal: St. Mary's Journal on Legal Malpractice & Ethics

Volume: 2

First Page: 136

Year: 2012

Bluebook Citation: 2 ST. MARY'S J. LEGAL MAL. & ETHICS 136 (2012)

Author: David S. Caudill: all 38 publications


Abstract

This Article examines whether attorneys should be allowed to testify as legal experts, especially in the legal malpractice context. This Article starts by addressing the unclear distinction between questions of law and fact and reviews several recent cases that prohibited expert legal testimony. Next, this Article addresses some general exceptions to the prohibition against expert legal testimony, such as questions of complex and uncertain law. Finally, this Article examines the use of legal experts in legal malpractice cases.

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