Six lawyer mistakes which require expert testimony in a malpractice action.

Some mistakes are so obvious that a jury can find negligence as a matter of common knowledge. Missing the statute of limitations is a classic example of negligence that any layperson can understand. But when is expert testimony required? Here are six areas from a recent case:

  • Failing to diligently investigate a claim.
  • Failing to diligently prosecute a claim.
  • Failing to challenge a class action certification.
  • Failing to answer and respond to discovery.
  • Failing to file a stay of counterclaims.
  • Failing to file a motion for contempt.

Sprowl v. Dooley, No. 05-06-00359-CV, 2007 WL 1330447 (Tex. App.—Dallas May 8, 2007) (not designated for publication).

 
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