FCC Expert Attorney Opines on Legal Malpractice Case

Legal Malpractice Expert WitnessThis is a legal malpractice case brought by a broadcasting station, against its former legal counsel firm which was charged with keeping the station compliant with the Federal Communications Commission (FCC). During the time that the firm served as the station’s legal counsel, the FCC modified several regulations that directly impacted the broadcasting station. The station was not advised by its legal counsel that the FCC had made such changes, and as a result, the station suffered significant damages. An attorney experienced in working with the FCC was sought to review and determine if the work done by the station’s legal counsel met the appropriate standard of care.

Question(s) For Expert Witness

  • 1. What duty would legal counsel have to inform their client of changes in FCC regulations?

Expert Witness Response E-074880

The defendant Firm definitely should have known about the deadline to stop operating in the out-of-core channels. The law firm’s duty to apprise its client of the changes to the FCC regulations would depend on the expectations of the parties. If the historic relationship between the Firm and its Client provides evidence that the Client expected to receive notice of any change in law/regulation/policy that directly impacted the Client’s business, and it can be shown that the Firm had, in the past, fulfilled this expectation (thereby providing the Client with no reasonable basis to assume the Firm would not so notify the Client of the material and directly impactful rule change), then it may be proven that the Firm breached their duties to the Client.


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