Expert Can’t Be Sued Over Testimony in Legal Malpractice Case, Court Says

N.J. Law Journal reports:

An expert on legal ethics can’t be sued for malpractice for serving as a witness in an unsuccessful malpractice action against another lawyer, an appeals court ruled Wednesday. A three-judge panel, in Reilly, Supple & Wischusen v. Blum, A-2618-09, upheld a lower court’s dismissal of the claim against Seton Hall Law School professor Michael Ambrosio, finding it clearly barred by the litigation privilege. The panel also said Ambrosio owed no duty to Malcolm Blum, the lawyer who was the subject of an expert report Ambrosio prepared on behalf of Blum’s former client. Nevertheless, they upheld Superior Court Judge William Wertheimer’s denial of legal fees, based on the judge’s view that Blum had a reasonable and good faith belief he could succeed in his claim against Ambrosio.

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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information and beating NYC parking tickets for the driving community

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