Tuesday, March 30, 2010

Attorney's Work as Expert Witness Leads to Later Disqualification

Via Hinshaw's Newsletter: "A law firm was disqualified on appeal because one of the firm’s partners submitted a declaration as an expert witness on attorney fees for the opposing party at trial."

Opposing counsel argued the firm would need to eventually challenge the testimony of one of it's own lawyers. The court granted that an attorney-client relationship did not exist, but that the prospect of the firm challenging the testimony of its own lawyers wouldn't be proper. (And that the firm did not give its client notice and an option to waive the conflict.)

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