Experts Sued by Disappointed Clients May Seek Equitable Indemnity from Lawyers, Says California Appellate Court

Disappointed with the outcome of his tort claims, a client sues his expert witness for professional malpractice. May the expert seek equitable indemnity from the lawyers who retained him? An intermediate appellate court in California has answered in the affirmative. See Forensis Group, Inc. v. Frantz, Townsend & Foldenauer, No. GIC781608 (Cal. Super. 4th Dist. June 9, 2005).

From the opinion:

[P]ublic policy [favors] protecting the professional interests of all expert witnesses generally to participate in litigation, and the interests of the judicial system in obtaining the assistance of such expertise. These interests are significant enough to warrant an expert's being accorded a right to recourse against those responsible, if any professional negligence should occur on the part of counsel who retained those expert witnesses, with respect to presenting their evidence and defining the proper scope of the experts' duties and obligations within the litigation setting, if any harm to the client should occur.