7-1 Introduction

• Jurisdiction: United States

7-1 Introduction

Normally, expert testimony is required to prove or rebut an allegation of legal mal-practice.¹ This is because the fact finder is not familiar with the standard of care that Florida attorneys are expected to observe as they go about their work.² An expert, however, cannot invade the province of the jury. Thus, he or she cannot testify as to whether an attorney-client relationship existed, the attorney breached a legal duty of care, or the attorney committed legal malpractice.³

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Notes:

^[1] Only a lawyer can serve as an expert witness on a lawyer's standard of care. U.S. Specialty Ins. Co. v. Burd, 478 F. App'x 653 (11th Cir. 2012); Goldman v. Bracewell & Patterson, L.L.P., 2005 WL 5740234 (M.D. Fla.), report and recommendation adopted, 2005 WL 2483339 (M.D. Fla. 2005). However, a non-lawyer claims adjuster can serve as an expert witness on the handling and processing of legal malpractice insurance claims. Geico Cas. Co....