You have the legal malpractice attorney defendant in a deposition. Are you permitted to ask questions ? Of course. Are they limited to factual questions such as “when were you retained?” or “on what day did you file the motion?” Surprisingly, no. Longstanding case law allows the defendant attorney to be questioned as an expert on litigation, on legal malpractice. But, the retort goes, is the witness here as an expert? In a word, yes.
The article : “Turning The Defendant Into An Expert” from the April 2, 2020 New York Law Journal explains the law and the strategy.
We are pleased to present the link.