Expert Witness Disclosure — Legal Malpractice

EXPERT WITNESS DISCLOSURE — LEGAL MALPRACTICE

TABLE OF CONTENTS

1. Caption and Case Information
2. Expert Identification
3. Expert Qualifications
4. Subject Matter of Testimony
5. Summary of Opinions
6. Basis and Reasons
7. Exhibits and Materials
8. Compensation
9. Prior Testimony and Publications
10. Certification

IN THE [________________________________] COURT OF [________________________________] COUNTY

STATE OF [________________________________]

Case No.: [________________________________]

[________________________________], Plaintiff,

v.

[________________________________], Defendant.

PLAINTIFF'S / DEFENDANT'S EXPERT WITNESS DISCLOSURE

Pursuant to [FRCP 26(a)(2)] / [State Rule ________________]

[________________________________] ("Disclosing Party") hereby discloses the following expert witness pursuant to [FRCP 26(a)(2) / state rule] and the Court's Scheduling Order dated [__/__/____]:

I. EXPERT IDENTIFICATION

Name: [________________________________]

Title/Position: [________________________________]

Firm/Organization: [________________________________]

Address: [________________________________]

Phone: [________________________________]

Email: [________________________________]

Disclosed as: ☐ Plaintiff's Expert ☐ Defendant's Expert ☐ Rebuttal Expert

II. EXPERT QUALIFICATIONS

Education:

Bar Admissions:

• [________________________________], admitted [____]
• [________________________________], admitted [____]

Years of Legal Practice: [____]

Areas of Practice Relevant to This Case:

• [________________________________]
• [________________________________]

Certifications / Designations:

• [________________________________]

Professional Memberships:

• [________________________________]

Teaching Positions:

• [________________________________]

(Full curriculum vitae attached as Exhibit A)

III. SUBJECT MATTER OF TESTIMONY

The expert will testify regarding the following topics:

☐ Standard of Care: The standard of care applicable to attorneys practicing in the area of [________________________________] in the State of [________________________________] at the time of the events at issue.

☐ Breach of Standard of Care: Whether Defendant's conduct fell below the applicable standard of care.

☐ Causation: Whether Defendant's breach of the standard of care was a proximate cause of Plaintiff's damages (including the "case within a case" analysis).

☐ Damages: The nature and extent of damages caused by the alleged malpractice.

☐ Merits of the Underlying Claim: The probable outcome of the underlying matter had it been properly handled.

☐ Ethical Obligations: The applicable Rules of Professional Conduct and their relevance to the standard of care.

☐ Other: [________________________________]

IV. SUMMARY OF OPINIONS

The expert is expected to offer the following opinions:

Opinion 1: Standard of Care

[________________________________]

Opinion 2: Breach

[________________________________]

Opinion 3: Causation / Case Within a Case

[________________________________]

Opinion 4: Damages

[________________________________]

V. BASIS AND REASONS

The expert's opinions are based on the following:

☐ Review of the complete file from the underlying matter
☐ Review of the retainer/engagement agreement
☐ Review of correspondence between Plaintiff and Defendant
☐ Review of court filings in the underlying matter
☐ Review of court filings in this malpractice action
☐ Applicable Rules of Professional Conduct
☐ Restatement (Third) of the Law Governing Lawyers
☐ Published case law and legal authorities
☐ Deposition transcripts of: [________________________________]
☐ Expert's professional experience and training
☐ Other: [________________________________]

Methodology: The expert applied the standard methodology for evaluating legal malpractice claims, including analysis of the attorney's conduct against the standard of care, causation analysis through the case-within-a-case framework, and damages assessment.

VI. EXHIBITS AND MATERIALS

A. Materials Reviewed

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

(Complete list of materials reviewed attached as Exhibit B)

B. Exhibits to Be Used at Trial

1. [________________________________]
2. [________________________________]
3. [________________________________]

VII. COMPENSATION

The expert is being compensated as follows:

• Hourly rate for case review and report preparation: $[________________________________]
• Hourly rate for deposition testimony: $[________________________________]
• Hourly rate for trial testimony: $[________________________________]
• Total compensation received to date: $[________________________________]

The expert's compensation is not contingent on the opinions expressed or the outcome of this litigation.

VIII. PRIOR TESTIMONY AND PUBLICATIONS

A. Testimony in Prior Cases (Preceding Four Years)

B. Publications (Preceding Ten Years)

1. [________________________________]
2. [________________________________]

IX. CERTIFICATION

I certify that the foregoing disclosure is complete and accurate as of the date below. I understand my continuing obligation to supplement this disclosure under [FRCP 26(e) / state rule] if additional information becomes available.

Attorney Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I certify that on [__/__/____], this Expert Witness Disclosure was served upon all parties by:

☐ Electronic filing/service
☐ U.S. Mail
☐ Hand delivery

Attorney Signature: [________________________________]

STATE-SPECIFIC CONSIDERATIONS

California: Expert witness disclosure governed by CCP § 2034.210 et seq. Simultaneous exchange required. Expert must be qualified in the specific area of law at issue.

Texas: Tex. R. Civ. P. 194.2(f) governs expert disclosures. Report must include opinions, basis, and documents reviewed.

Florida: Fla. R. Civ. P. 1.280(b)(5). Expert must be disclosed in accordance with the case management order.

New York: CPLR § 3101(d)(1)(i) requires disclosure of expert's qualifications, opinions, and grounds. No written report required unless ordered.

This template is provided for informational purposes only. Expert disclosure requirements and deadlines vary significantly by jurisdiction and specific court order. Failure to timely disclose may result in exclusion of the expert. Consult a licensed attorney.