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OnDemand Course

Protecting Attorney Communications With Testifying and Consulting Experts

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 information 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 nontestifying 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.

90 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Understanding and Distinguishing Between the Different Privileges

  • Attorney-Client
  • Work-Product
  • Testifying/Nontestifying Experts

Breaking Down the Nontestifying 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
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on May 2, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Donald E. Frechette

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
  • 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 [email protected]
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 405441
Published 2019
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Available in Multiple Formats

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