‘I Did it, Why Can’t You?’ Expert OK’d in Malpractice Case

After several layovers, a legal malpractice claim resumed its original course Mar. 20 when a Texas appellate court admitted into evidence a lawyer’s expert declaration it initially excluded as “conclusory.”

The trial court couldn’t exclude an expert affidavit in a malpractice case over a lawyer’s failure to recover a plane the DEA seized, said Justice Douglas S. Lang who wrote for the three-judge panel of the Court of Appeals of Texas for the Fifth District, on remand from the Texas Supreme Court.

In this case, the expert was also an attorney hired by the same company to recover other planes ...