ETHICS AND
MALPRACTICE

Allegations of ethical violations frequently call for expert support. While many courts and disciplinary bodies generally do not invite expert testimony on interpretation of the Rules of Professional Conduct, expert consultation is of value in advance of such proceedings. Expertise is needed, for example, in gauging likely outcomes, in planning defense, in evaluating the risks of a potential engagement, and in considering the assertion of a grievance against another. In all these situations, independent ethics counsel is crucial.

While non-testimonial expert support is valuable prior to grievance proceedings, expert testimony is essential in attorney malpractice disputes. Malpractice lawsuits require expert testimony not just as to breach of standard of care, but also as to causation. And in many cases the court will require expert testimony on damages as well. The plaintiff must prove how the outcome would have been different, had the lawyer’s work met the standard of care. Proving this different outcome also includes its differential value to the plaintiff.

Expert testimony in such cases is critical. It requires a broad familiarity with the area of legal practice at issue and how the quality of lawyering impacts outcomes. The breadth of Fisher’s career encompasses many fields of practice. He is qualified to provide expert testimony in a number of areas:

  • construction disputes,
  • real estate development,
  • retail banking,
  • private clients management,
  • prudent investor rules,
  • business litigation,
  • fiduciary duty,
  • education law,
  • commercial law,
  • trust accountings,
  • public procurement,
  • nonprofit governance and operation,
  • insurance agent malpractice, and
  • regulatory enforcement.

 

Beyond these specific areas, Fisher has a deep familiarity with the obligations of lawyers as professionals. Through his service on the Federal Grievance Committee, his teaching of Legal Profession ethics at the UConn Law School, and his work as Dean in articulating the professional responsibilities of lawyers, he has worked and continues to work to define and explain the standards of care and conduct required of the profession.

 

Fisher stands ready to serve as an expert witness in cases alleging legal malpractice in all of these areas.