Ethical Minefields When Lawyers Serve as Expert Witnesses

Joel A. Osman and Adam J. Telanoff of Parker Shaffie LLP examine the ethical risks that arise when attorneys step into the role of expert witness, particularly in legal malpractice and professional liability matters. The program addresses how the Rules of Professional Conduct apply even when no attorney-client relationship is formed, including ongoing duties of confidentiality, loyalty, and disclosure. It also explores conflict scenarios involving former clients, current firm clients, and the danger of drifting from neutral expert into advocate, with practical guidance on engagement letters, conflict screening, and avoiding conduct that can trigger disqualification, discipline, or malpractice exposure.