Upon what may an expert in an legal malpractice trial rely? What are the bases for legal malpractice expert testimony? A partial answer is given in First Union National Bank v. Benham, an 8th Circuit case this month.
An expert may rely on his own experience, not only on the experience of other attorneys in reaching his conclusions and offering testimony. The Circuit court examined Rule 702, which expressly allows a witness to qualify as an expert based upon his own knowledge.