Today’s NYLJ features an article on deposing attorneys as experts in their own cases by Andrew Lavoott Bluestone. This article covers many aspects of questioning a defendant attorney in his own legal malpractice case.
Both in Medical Malpractice and in Legal Malpractice defendant doctors/attorneys are permitted to be examined as experts. The seminal case of Carvalho set the stage in medical malpractice, and the doctrine has been continued into other professional negligence settings.
Basically put, the defendant may be required to answer questions as an expert, and testify about the standard of care, and further testify whether there were deviations from that standard.
The entire article will be reprinted next week.