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St. Mary's Journal on Legal Malpractice & Ethics

First Page

136

Date Created

1-1-2012

Publisher

St. Mary's University School of Law

Editor

Allison S. Ellis

Last Page

165

Abstract

This Article examines whether attorneys should be allowed to testify as legal experts, especially in the legal malpractice context. This Article starts by addressing the unclear distinction between questions of law and fact and reviews several recent cases that prohibited expert legal testimony. Next, this Article addresses some general exceptions to the prohibition against expert legal testimony, such as questions of complex and uncertain law. Finally, this Article examines the use of legal experts in legal malpractice cases.

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