A common objection to using expert legal testimony is that it interferes with the function of the trial judge to determine the law. Undoubtedly when the prospect of a party's calling a legal expert to testify is first raised, a trial court's likely response will be "that's my job, give me a memorandum of law on that subject." The typical disallowance of such testimony is invariably that a legal determination is to be made by the trial judge, with the assistance of counsel's legal arguments, not by way of expert testimony.

Advertisement