Evidence that a lawyer has violated a Rule of Professional Conduct can be admissible to prove breach of fiduciary duty Mirabito v. Liccardo (1992) 4 Cal.App.4th 41. Testimony by an ethics lawyer can help to establish or negate that presumption. Sound testimony concerning lawyer professional responsibility can also be useful in many other litigation contexts, including false advertising and employment litigation.
Expert witness engagements will not be accepted within ten (10) days of the date for designation of witnesses in litigation matters. Why? Because once you designate, all communications with that expert are discoverable. If you need an ethics expert, don’t wait until the last minute!
Retention as an expert requires a retention fee payable and earned at the time of retention. Expert witness services are billed hourly at $500 per hour.