In this legal malpractice litigation, the other side hired a lawyer as their expert witness. That lawyer, several years ago, had represented the client to whom he is now testifying against. The representation was on a totally unrelated matter. Can the expert be precluded?
Samuel C. Stretton.
This question is an interesting one. The bottom line to decide the question would be whether or not the expert is in an attorney/client relationship with the person for whom they are testifying currently. Clearly, if that lawyer is, that could have many consequences, including attorney/client privilege issues and what Rules of Professional Conduct apply.
