Board certified in legal malpractice by A.B.A., A.B.P.L.A., Mr. Feldman has been testifying for 28 years. Standard of care, conduct, causation,fees. 41 years experience in Professional Negligence and Professional Liability. Expert assignments for "underlying matters" involving TRANSACTIONAL AND LITIGATION malpractice (prosecution or defense) included every aspect of real property acquisition, sale, encumbrance/security, development; all aspects of commercial, corporate & partnership contracts, dissolutions & disputes; securities,IPO's, mergers & aquisitions; business or professiona or shopping center buy/sell; accounting; insurance; wills, trusts, and probate; family, matrimonial, dissolution, divorce, adoption, domestic partners; professional malpractice (Board certified in medical and legal (ABA) ), insurance, real estate, dental, accounting; product liability, premise liability, toxic torts, intentional torts; negligence; criminal; workers compensation, construction defects, mold, employment, wrongful termination; bankruptcy; sexual offenses; major criminal and capital crimes, insurance defense, professional responsibility, professional admissions, ethics, bad faith, et al. So far no underlying matter including patent attorney malpractice has been outside the scope of Mr. Feldman's testimonial expertise. His only failure to qualify in any state or federal court was questionable dicta on the locality rule in Houston.
This list is not all inclusive and includes testimony on standard of care, standard of conduct, (ethics and professional responsibility) informed consent, breach of fiduciary duties, proximate, legal, & actual cause (case within the case) as well as fee disputes.
As a senior partner in "plaintiffs" and "defense" firms, involved in transactions and litigation and sole practitioner thereafter, his 38 years in the specialties of Professional Liability & Professional Responsibility yielded hands-on, direct, personal experience. His consultation practice requires assisting in personal research & problem solving. A board-certified specialist in Professional Negligence (legal malpractice) is, after all, the profession's closest thing to a "general practitioner" required to continually keep abreast of the dynamics of "the law".
A diplomate of the American Board of Professional Liability Attorneys since 1981, he now Chairs the Credentials Sub-Committee which does ABA & multi-state Board Certification in Professional Negligence-Legal.
Mr. Feldman's legal career started at age 14 as a messenger for United Lawyer Service in Manhattan when the family lawyer suggested he "take latin" and go to work for them. Semantical skills earned him membership in the New Utrecht High School English Honor Society. At Dorsey High School, he was captain of the debate team & Valedictorian. In 1987, he was inducted into their Hall of Fame. At 17, he earned a scholarship to Pepperdine College (now University). After attending UCLA et al he enlisted and was a combat infantry leader (after serving as Editor of the Gaffey Gazette, ship's newspaper, on his way to Korea).
He earned his BS, accounting (CSLA) in 1956, his MBA (USC) in 1963, and his JD (USC) in 1966.
Pre-law assignments included: Accountant, M. Koffman, C.P.A. & Packard-Bell; Contracts Supervisor, Collins Radio Co.; Manager, Budgets, Reports & Procedures, Radio Corporation of America; Administrator Federal/State project(s) "Application of Aerospace Techniques to the Solution of Social Problems" and "Prevention & Control of Crime & Delinquency in California" for Space General Division of Aerojet; Manager of Contract Writing and Assistant Manager of Procurement for McDonnell Douglas Corporation.
Admitted U.S. District Court & California Bar 1967; U.S. Supreme Court 1984, pro haec vice in New York & Louisiana. His specialty has been Professional Negligence (malpractice) and Professional Responsibility (ethics, fee disputes, conflicts of interest, legal competence, informed consent, engagement & disengagement) for 35 years. A former State Bar prosecutor, he defends lawyers for ethical violations, handles fee disputes, & consults with lawyers in other bars. He was recognized by California's largest plaintiff's bar as experienced in professional negligence and currently serves on such committees for their largest defense bar.
His testimony, affidavits or reports have been used in multiple state and federal courts (Alaska, Arizona, Alabama, California,Colorado, Florida, Hawaii, Louisiana, Massachusetts, Missouri, New Jersey, New Mexico, New York, Nevada, South Dakota, Texas, West Virginia, Washington , et al.). He has consulted in most other states. He has never been disqualified or failed to qualify in any state or federal court, arbitration or other proceding.
Recognitions: California Senate Resolution for illustrious record of professional accomplishment; State Assembly Commendation for outstanding service to the legal community, Board Member US Selective Services System, Fellow American Board of Professional Liability Attorneys & Pound Society. Chair sub-committee certifying lawyers as specialists in professional negligence-legal for ABPLA on behalf of the ABA. Board Certified U.S. and California Professional Negligence-legal & medical.
Exhaustive list of honors, memberships, chairs, fee schedules, expert retainers, lectures, and publications (of which Mallen & Smith have cited) are available to law firms on request. 310-LEG-MALP (534-6257), 818-986-9890, WWW.LegalMalpracticeExperts.com.
He spent over 25 years as a Judge Pro Tem and even more as an Attorney/Client arbitrator. He was a State Bar Examiner (Prosecutor) and headed boutique plaintiff and later defense firms.
Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:A: Please go to website: www.LegalMalpracticeExperts.com
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Please go to website: www.LegalMalpracticeExperts.com
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Please go to website: www.LegalMalpracticeExperts.com
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No
Q: On how many occasions have you been retained as an expert?
A: Over 500
Q: For what area(s) of expertise have you been retained as an expert?
A: Please see introductory paragraphs.
Q: In what percentage of your cases were you retained by the plaintiff?
A: Unable to make this determination since clients may file cross claims (counterclaims, cross- complaints) against lawyers likely to sue them for fees and attorneys may file such pleadings against clients likely to sue them for malpractice.
Generally, expert has been on both sides of the bar as a liltigator and transactional attorney and is available whenever an honest expert can render a well documented opinion on the matter.
Q: In what percentage of your cases were you retained by the defendant?
A: Unable to make this determination since clients may file cross claims (counterclaims, cross- complaints) against lawyers likely to sue them for fees and attorneys may file such pleadings against clients likely to sue them for malpractice.
Generally, expert has been on both sides of the bar as a liltigator and transactional attorney and is available whenever an honest expert can render a well documented opinion on the matter.
Q: On how many occasions have you had your deposition taken?
A: Over 100
Q: When was the last time you had your deposition taken?
A: December, 2005, but expert does not update this. If you wish the last deposition date please call his office at 310 Leg Malp (310-534-6257).
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: Over 100.
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: Between 50 and 100.
Q: For how many years have you worked with the legal industry as an expert?
A: 23 (but 38 years as an attorney specializing in professional negligence and professional responsibility.
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Consulting (including risk management & trial guidance), Review & testimony.
In addition, but not as an expert defends lawyers before admitted bar associations and consults in other jurisdictions.
Q: What is your hourly rate to consult with an attorney?
A: $500 for matters until 6-1-06.
Q: What is your hourly rate to review documents?
A: $500 for matters until 6-1-06.
Q: What is your hourly rate to provide deposition testimony?
A: $600 for the first three hours then $500 until 6-1-06.
Q: What is your hourly rate to provide testimony at trial?
A: $600 for the first three hours then $500 until 6-1-06.
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Travel costs, wholesale Lexis research costs etc.
References
A list of cases pursuant to FRCP (26) (a)(2) (B)is available for inspection. Due to fiduciary duties, confidentiality, 37 years in the field, national reputation and a very necessary desire
to protect the privacy of our many satisfied principals and counsel over the last 23 years, we do not provide references. Many of our matters are public record, however, and you may feel free to
look into the case list supra. Most of our matters are not public record. If we ever serve your firm, you will be pleased to note that we respect and honor your privacy and confidentiality as well as your work product and your client's cost effective needs.
