Legal Question in Legal Malpractice in New York
expert witness
Can a friend or business partner who has a common interest but otherwise is a qualified attorney be an expert witness for defendant attorney in legal malpractice suit?
2 Answers from Attorneys
Re: expert witness
Yes. However, both the friendship and the "common interest" are potential concerns, in that they would be fertile grounds for impeachment of the analysis from the expert witness.
Re: expert witness
As long as the person is a practicing attorney with experience in the filed of law at issue, they can serve as an expert witness.
I don't understand what you mean by a "common interest". It is not a good idea to retain someone as an expert who has any kind of personal stake in the outcome of the case. It will undermine the expert's credibility on the witness stand.
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