lawyers as expert witnesses

[Juriste]

I've come upon a question that I can't seem to find definite answers for. Scenario: Plaintiff has retained a lawyer as an expert witness in a legal malpractice suit; this expert witness happens to be a former partner at the firm that now represents the defendant. Is there a conflict of interest?

My gut feeling says yes, because the former partner may have known information that pertains to the defendant, and to be an expert witness for the other side seems inappropriate. However, the state rules on professional conduct re: conflict of interest seem to only apply to whether lawyers should or shouldn't represent certain types of clients, but the rules don't touch upon the subject of expert witnesses.

I'd appreciate any feedback or ideas.

 

[Michael Wechsler]

Originally posted by Juriste
I've come upon a question that I can't seem to find definite answers for. Scenario: Plaintiff has retained a lawyer as an expert witness in a legal malpractice suit; this expert witness happens to be a former partner at the firm that now represents the defendant. Is there a conflict of interest?

My gut feeling says yes, because the former partner may have known information that pertains to the defendant, and to be an expert witness for the other side seems inappropriate. However, the state rules on professional conduct re: conflict of interest seem to only apply to whether lawyers should or shouldn't represent certain types of clients, but the rules don't touch upon the subject of expert witnesses.

I'd appreciate any feedback or ideas.

Good question. How would the partner have known of information that is confidential that might pertain to the defendant? Did the witness leave the employ of the law firm before the case began or did the witness deal with matters concerning the defendant?