The wrong way to find the right “expert” for your legal malpractice case

It happens about a dozen times a year, the most recent occasion was about a week ago. I received a phone call from a young lawyer  inexperienced in suing lawyers who was tasked with hiring a legal malpractice “expert” for a legal malpractice case her midsized local firm was involved in.  The  partner in charge of the file told her to go find an “expert”.   When I asked her what the case involved,  she told me it involved a foreclosure case.  When I tried to tell her that she needed an “expert” in foreclosure litigation, she sternly asked me why I could not help her because she perceived me to be an “expert” in legal malpractice.   Rather than educate her, I simply told I would be unable to help her.  Without hesitation, she asked if I knew anybody that could.  I said I did not. For the sake of her client, like the blind chicken who  picks up kernels now and again, I am hopeful she found the right “expert”.

Of course, in a legal malpractice case, the “expert” you need is one who has knowledge in the underlying substantive area, whatever that might be.

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