Expert Testimony Is Not Admissible To Prove Causation in Legal Malpractice Suit

Expert testimony is not admissible in a legal malpractice action to prove the plaintiff would have won the underlying case if her lawyer had handled it properly, the Georgia Supreme Court ruled June 18 (Leibel v. Johnson, Ga., No. S11G0557).

Expert testimony on proximate cause is inadmissible and irrelevant, Justice Harold D. Melton explained, because the jury’s role in the malpractice action is to decide for itself whether the plaintiff would have won the underlying case but for the attorney’s negligence.

The function of expert witnesses is to address the elements of standard of care and breach of ...