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Protecting Attorney Communications With Testifying and Consulting Experts

Date: Wednesday, November 28, 2018
Time: 1:00 - 2:30 pm EST
Length: 90 minutes

Sponsored by Lorman Education Services


Registration for Session Only: $199.00

Registration plus Session Recording and Written Materials: $268.00
 

Description:

Understand what attorney-expert communications are protected, and which ones are not with the new rules.

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 topic will help you to understand the various privileges that are 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 that 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.

Areas Covered in the Session:

Understanding and Distinguishing Between the Different Privileges

  • Attorney-Client
  • Work-Product
  • Testifying/Non-Testifying Experts
Breaking Down the Non-Testifying Expert Rule
  • Elements
  • Retained or Specifically Employed
  • Anticipation of Litigation
  • Exceptional Circumstances Exception
Testifying Experts
  • Then vs. Now
  • "Materials Provided" Exception
  • "Assumptions Provided and Relied Upon" Exception
  • Draft Reporting

Credit Information (Sponsored by Lorman Education Services):

  • CLE
  • NALA
For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Instructor Profile:

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
  • Has successfully employed Daubert strategies in both state and federal courts
  • J.D. degree, honor graduate, New York Law School; LL.M. degree, Boston University School of Law
  • Can be contacted at 860-541-7713 or donald.frechette@lockelord.com

(Not available outside the US)