For a plaintiff to prevail in legal malpractice suits, an expert witness must testify that the defendant-attorney was negligent in carrying out his duties. If this is not proven, the suit will not hold. Sometimes, defendants like to appear in court as their own expert witness. Although this is possible, it usually strengthens the claimant’s position.

Legal malpractice expert witnesses are of two types:

-  Litigation expert: With knowledge of legal procedures

-  Specialist expert: With special knowledge of a particular area of law

You can have either of these two types of witnesses, depending on your case. If it is a general malpractice suit, a litigation expert will suffice. But if the malpractice involves a specialised area of law, you need a specialist witness.

The expert's task does not end with the conclusion that the defendant did not provide an acceptable standard of care; he must explain to the jury the language of the law. He must also inform the jury about the reasons why actions must be taken or avoided. It is not sufficient for the expert witness to have knowledge of the standards and the law; the expert must be able to make them understandable to a lay person.

Before the expert can testify, he must be familiar with the facts of the case. What was the strength of the liability? What were the damages? Were there other factors which could affect the outcome of a trial? The expert must be able to testify about all these factors.