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The Legal Ethics Committee of the District of Columbia Bar has previously ruled that an attorney-client relationship is not created when a lawyer testifies on a party's behalf as an expert witness. The Committee equated the role of an attorney as an expert to that of a non-attorney expert. The Committee noted, however, that an attorney-client relationship can be created if the client reasonably believes that such a relationship exists and the attorney/expert fails to dispel such expectations.
Robert Ambrogi has written a excellent article on the ruling on FindLaw.
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Expert Witness Practice
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