In this recent decision in a duty to defend case, the Fifth Circuit Court of Appeals upheld the trial court’s admission of an attorney’s expert testimony on the reasonableness of attorney’s fees despite the fact that the witness had failed to provide the opposition with a report regarding his anticipated testimony.
Interesting decision, but I recommend highly that you simply have the lawyer/expert prepare a report, which need not be lengthy. Hat tip to Blog 702 for the link to this decision.