Work Product Protection For Communications Between Lawyers And Expert Witnesses Coming Next Month Under Revised Federal Rules of Civil Procedure

Work Product Protection For Communications Between Lawyers And Expert Witnesses Coming Next Month Under Revised Federal Rules of Civil Procedure

Until December 10, 2010, lawyers need to remain aware that, in cases pending in  federal court  their communications with their retained expert witnesses and any draft reports prepared by the expert are likely to be discoverable based on a request from opposing counsel.

The expert rule changes which become effective on December 10  will give work product protection to both items.  This will permit attorneys to have more involvement in the preparation of an expert's report without their involvement being subject to discovery. The new Rule also specifically exempts draft reports from any disclosure obligation.  

Read Work Product Protection For Communications Between Lawyers And Expert Witnesses Coming Next Month Under Revised Federal Rules of Civil Procedure  in its entirety on North Carolina Business Litigation Report, a blog for lawyers focusing on issues of North Carolina business law and the day-to-day practice of business litigation in North Carolina courts.