When Must Counsel Retain An Expert In A Legal Malpractice Case?

In the recent decision of Malton et al v. Attia et al, 2013 ABQB 642, the Honourable Madam Justice A. B. Moen determined when a Plaintiff needs to call an expert witness in attempting to prove malpractice case against a lawyer.

The facts of this case are interesting in that the Plaintiffs retained the Defendant lawyer, Attia, to prosecute a claim against HouseMaster Inspection Service when HouseMaster allegedly failed to identify many structural defects, leakage, rot, mold, and other defects in a home that the Plaintiffs ultimately purchased after relying on the HouseMaster opinion.

The action against HouseMaster was successful but the Plaintiffs were only awarded $38,381.00, a sum far less than the Plaintiffs...

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