In Ohio Appellate Court finds expert testimony on legal malpractice required, legal ethics expert witness James King writes:
In a legal malpractice matter, an Ohio state appellate court affirmed a trial court ruling granting summary judgment to defendant attorneys on the basis that plaintiff failed to present expert testimony establishing that defendants failed to exercise “the knowledge, skill, and ability ordinarily possessed and exercised by members of the legal profession.” McWilliams v. Schumacher, 2013-Ohio-29, 2013 WL 118918 at *6. The court cited to Ohio law requiring expert testimony demonstrating the attorney’s breach of his standard of care, in all cases except where the breach of care was ‘obvious’:
“[I]t is well settled in Ohio that in order to prevail on a legal malpractice claim a plaintiff must demonstrate, through expert testimony, by a preponderance of the evidence, that the representation of the attorney failed to meet the prevailing standard of care, and that the failure proximately caused damage or loss to the client. Zafirau v. Yelsky, 8th Dist. No. 89860, 2008–Ohio–1936, ¶ 27. Further, “the Supreme Court made it clear that there must be a causal connection between the lawyer’s failure to perform and the resulting damage or loss.” Jarrett v. Forbes, 8th Dist. No. 88867, 2007–Ohio–5072, ¶ 19, explaining Vahila v. Hall, 77 Ohio St.3d 421, 1997–Ohio–259, 674 N.E.2d 1164.