David Atkins to Speak at the Fall 2021 ABA National Legal Malpractice Conference

Precluding a Plaintiff's Expert in the Case-within-the-Case

David P. Atkins, chair of Pullman & Comley's Professional Liability practice, will be speaking at the Fall 2021 ABA National Legal Malpractice Conference in a program on strategies for defense counsel in raising pre-trial challenges to a plaintiff's expert in the case-within-the-case phase of a legal malpractice action. This session will identify arguments courts have accepted in precluding plaintiffs' expert opinion testimony on causation, including in "settle and sue" actions, thereby setting up a dispositive motion.

David and his co-panelists will lead an interactive discussion addressing:

• whether the plaintiff's attorney expert witness is required (or permitted) to tell the jury what outcome it should reach in the case-within-the-case phase
• whether an expert's opinion is "based on sufficient facts" within the meaning of Fed. R. Ev. 702 or is merely a speculative "net opinion"
• whether such an expert is permitted to provide opinions on questions of law such as the enforceability of a contract

For additional information and to register, please visit the American Bar Association website.