At trial, the judge presiding will decide all issues of law and provide instructions as to elements of law for the jury’s aid in deciding questions of contested fact and judging each witness’ credibility. In arbitrations, of course, the arbitrator or panel serves both functions.
The role of the expert witness on issues of professional liability is to assist in application of applicable law to the anticipated evidence; – perhaps in a given dispute to explain how attorney-client relationships are created and documented, or how clients and their lawyers work together in preparing for trial in court or for hearings in domestic or international arbitrations. As a general rule, expert testimony is required to prove, and often as a practical matter required to defend against, charges of a breach by an attorney of recognized standards of care which is said to have caused damages to the client or, in rare cases, to others.
The important factors which should be considered in passing on the reasonableness and necessity of attorney fees have been outlined by both our federal and state courts. Expert testimony utilizing those factors in a review of the issues presented and the work done, with due consideration for any segregation required between causes of action which permit the recovery of fees and those that do not, is required. Application of the factors must then be combined with knowledge of the prevailing rates charged for the work of attorneys of comparable experience and skill.
Mr. Matthews has been accepted by our state district judges and by arbitrators as qualified by his experience, knowledge and investigation prior to testifying as an expert witness on many occasions in the field of professional malpractice and disputes regarding the necessity or reasonableness of attorney fees.