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Expert Witness

EXPERT WITNESS CASES

David Leonard is considered by some to be one of the premier expert witnesses in Arizona. Here is a list of some of the cases in which David has provided expert witness services over the last few years.

Buyer of agricultural land sued Seller for failure to disclose that a neighbor had a right to run cattle over the property. Buyer’s lawyer advised him to withhold payment of the Trust Deed, failed to obtain a signed Judgment after winning the case and failed to pursue claims against the broker and the title insurance company.

Property Owner sued to quiet title to real estate and prevailed but was unable to collect attorneys fees because of Lawyer’s failure to follow the statutory procedure for obtaining an attorneys fee judgment.

Business Owner sued employee for breach of non-competition agreement. Firm advised the business owner that they had no exposure to a judgment against them for attorneys fees because they were pursuing tort claims not a breach of contract claim, under which the winning side may seek repayment of legal fees. However, since both parties sought attorneys fees against the other and the owner’s lawyer originally filed both breach of contract and tort claims and since the tort claim itself grew out of a contract, the advice was faulty.

Founders of a Limited Liability Company sold a minority interest in the entity to a purchaser, with whom disagreements developed, paralyzing some of the company’s activities. The law firm for the LLC and the Founders counseled them to create a new entity owned only by the Founders, transfer contracts and other assets of the old entity to the new entity and to pay funds of the old entity to and on behalf of the Founders, who brought an action against the law firm for their bad advice.

Law firm obtained a substantial judgment for the client but failed to have the Court’s Minute Entry Orders reduced to Judgment. In the five years between the client’s victory in the case and the ruling on the form of judgment to be entered, the judgment debtor went into bankruptcy and, although the law firm assured the client that they had an injunction which prevented the judgment debtor from transferring assets, the client was unable to collect his judgment and incurred attorneys fees in resisting the bankruptcy.