Okay.  So you've been sued for malpractice.  Your former client has accused you of conduct that falls below the standard of care required by law in your representation.  Your malpractice insurance carrier has assigned defense counsel.  But now you need an expert witness.  Under Ohio law, malpractice cases must be proven by expert witness testimony, except in very simple cases.  Once the plaintiff has provided such testimony, the defendant must rebut with expert testimony.

For example:  What if your putative client visits your office one day to hire you to represent him in a litigation matter.  You agree.  He states that he will return the following day with a check for the retainer.  You inform him that a Fee Agreement will be waiting for him to sign at that time and you will then begin the representation.  The following day, the individual does not appear.  You write a letter indicating your desire to handle the case, enclosed the Fee Agreement and tell the putative client that your representation will begin when he returns the Fee Agreement and the retainer check.  This never occurs.  Several months later, you receive a complaint in the mail informing you that this individual has sued you for malpractice for missing the statute of limitations on his case. 

As a litigation attorney for 10 years and an ethics practitioner for 7 years, Dianna is well equipped to act as expert witness on your behalf.  Dianna has both defended legal malpractice actions and has served as the expert witness in several malpractice actions.  Dianna would be more than happy to assist you in the defense of your case as either your defense practitioner (if your insurance carrier lets you choose) or as your expert.

The above is rather simple, but what about a case that is more ambiguous.  What if you had never sent the letter and never told the putative client that your representation did not begin until you received the Fee Agreement and the retainer.  The matter is a much closer case.  Sometimes an expert in the form of a consultant is the better choice.  Dianna has served as consultant on several malpractice cases, rendering opinions as to the law and the standard of care.  As a consultant, all communication between you and Dianna is subject to the same attorney-client protections as if she had been retained as co-counsel -- that is, until she is identified as a witness to testify.  This, however, gives one much more flexibility when deciding on how to handle malpractice matters.

Whether as malpractice counsel, as a testifying expert witness or as a consultant, Dianna has the knowledge and experience to assist you in your needs when you are undergoing the stress related to defending a malpractice action. Call her.  You will be glad you did.