Understand what attorney-expert communications are protected and which ones are not.
The outcome of many cases turns on the use of experts. But experts have to understand your case to provide useful opinions, and that means that you need to interact with them. In so doing, you run the very real risk of providing the expert with information that may or may not be helpful to your client's cause. So, what do you do when opposing counsel tries to use the discovery process to find out what you and your experts discussed? This information will help you understand the various privileges in play whenever you work with an expert. You will come to know the different ways that the law distinguishes between in-house experts and those who are specially retained for the litigation and between testifying and non-testifying experts. You will learn, in a real-world sense, what you can and can't share with the various types of experts you may encounter. This information is vital for trial lawyers who seek to maximize the benefit of experts while, at the same time, preserving, to the greatest extent possible, the confidences of their clients.
Agenda
Faculty
Donald E. Frechette
Locke Lord LLP
- Partner at Locke Lord LLP
- More than 30 years of trial and appellate experience
- Regular writer on litigation tactics and strategies
- Successfully employed Daubert strategies in both state and federal courts
- Has retained and overseen the work product development of countless experts across a variety of fields, including insurance and reinsurance, financial services, fire science, corporate fraud, product liability, and construction defects
- Strategically employed ‘consulting’ experts in order to develop case strategy prior to the retention of testifying experts
- Briefed and argued various motions relating to expert disclosures and related privilege questions
- J.D. degree, honor graduate, New York Law School; LL.M. degree, Boston University School of Law
- Can be contacted at [email protected] or 860-541-7713
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