--- title: "Legal Ethics Expert Barred From Opining on the Reasonableness of the Plaintiff’s Actions" meta: "og:description": "Legal ethics expert not allowed to opine on whether the Plaintiff violated the Rules of Professional Conduct" "og:title": "Legal Ethics Expert Barred From Opining on the Reasonableness of the Plaintiff’s Actions " author: "Expert Witness Profiler" description: "Legal ethics expert not allowed to opine on whether the Plaintiff violated the Rules of Professional Conduct" --- # Legal Ethics Expert Barred From Opining on the Reasonableness of the Plaintiff’s Actions  Posted on May 6, 2025 by Expert Witness Profiler Plaintiff law firm filed a Complaint on March 2, 2023, asserting a single count of promissory estoppel against Defendant limited liability company for unpaid legal fees and costs (plus interest). Plaintiff said that the unpaid legal expenses were incurred during Plaintiff’s representation of Defendant’s consultant, Luciana Soledade Rock (“Rock”), in a state-court civil fraud action, _James Correia v. Luciana Soledade Rock_, No. 2019-031684-CA-01, Circuit Court for the Eleventh Judicial Circuit (the “_Correia_ Litigation”). This action concerns Defendant’s promise to pay Plaintiff for all legal fees and out-of-pocket expenses billed by Plaintiff to Defendant’s agent, Rock, for representing her in the _Correia_ Litigation. On August 20, 2024, Defendant served on Plaintiff the expert report of [Lawrence A. Kellogg](https://expertwitnessprofiler.com/expert-witness/Lawrence-Kellogg/1564131). Plaintiff filed a motion to exclude testimony from Kellogg, as to whether Plaintiff violated Florida’s Rules of Professional Conduct by failing to obtain an executed written engagement letter for the legal services at issue in this lawsuit. According to Plaintiffs, Kellogg’s expert report relied on inadmissible hearsay from Correia’s attorneys, and he assumed without reviewing any competent and admissible evidence, that Plaintiff instructed Rock not to settle, whereas, the evidence of record provides otherwise. ## **Legal Ethics Expert Witness** [Lawrence A. Kellogg](https://expertwitnessprofiler.com/expert-witness/Lawrence-Kellogg/1564131) is an attorney admitted to the practice of law in Florida since 1981. He has devoted a substantial percentage of his practice to litigation and ethics counseling involving attorneys. He also advised lawyers regarding their duties and obligations under the Florida Rules of Professional Conduct and represented lawyers in Florida Bar investigations and bar grievances. Kellogg served on a Bar Grievance Committee. [Get the full story on challenges to Lawrence Kellogg’s expert opinions and testimony with an in-depth Challenge Study.](https://expertwitnessprofiler.com/order/add?eId=1564131&pId=3)  ## **Discussions by the Court** The Court did not “see any universe where [it] would let an attorney come in here and simply say” that Plaintiff acted unreasonably. Accordingly, the fact finder will determine the question of the reasonableness (or professionalism) of Plaintiff’s actions in the underlying _Correria_ litigation. In other words, the Court agreed with the Plaintiffs. ## **Held** The Court granted the Plaintiff’s _[Daubert](https://www.law.cornell.edu/wex/daubert_standard)_ motion to exclude the testimony of Lawrence A. Kellogg. ## **Key Takeaway:** The fact finder will determine the question of the reasonableness (or professionalism) of the Plaintiff’s actions in the underlying _Correria_ litigation. ## **Case Details:** --- ## **You Might Also Like** ![Human Resources Expert Allowed to Opine on Termination](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-22T200052.311.jpg) [**Human Resources Expert Allowed to Opine on Termination**](https://expertwitnessprofiler.com/legal-ethics-expert-barred-from-opining-on-the-reasonableness-of-the-plaintiffs-actions/human-resources-expert-allowed-to-opine-on-termination)![Neuropsychology Expert Not Allowed to Opine on Cognitive Decline](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-22T144728.528.jpg) [**Neuropsychology Expert Not Allowed to Opine on Cognitive Decline **](https://expertwitnessprofiler.com/legal-ethics-expert-barred-from-opining-on-the-reasonableness-of-the-plaintiffs-actions/neuropsychology-expert-not-allowed-to-opine-on-cognitive-decline)![Human Factors Expert Not Allowed to Opine on the Tile](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-21T191749.960.jpg) [**Human Factors Expert Not Allowed to Opine on the Tile**](https://expertwitnessprofiler.com/legal-ethics-expert-barred-from-opining-on-the-reasonableness-of-the-plaintiffs-actions/human-factors-expert-not-allowed-to-opine-on-the-tile)![Insurance Expert Not Allowed to Opine on Legal Duties](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-21T155751.487.jpg) [**Insurance Expert Not Allowed to Opine on Legal Duties**](https://expertwitnessprofiler.com/legal-ethics-expert-barred-from-opining-on-the-reasonableness-of-the-plaintiffs-actions/insurance-expert-not-allowed-to-opine-on-legal-duties)![Law And Legal Expert Not Allowed to Opine on Contract Formation](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-20T213123.718.jpg) [**Law And Legal Expert Not Allowed to Opine on Contract Formation**](https://expertwitnessprofiler.com/legal-ethics-expert-barred-from-opining-on-the-reasonableness-of-the-plaintiffs-actions/law-and-legal-expert-not-allowed-to-opine-on-contract-formation)