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.
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Why Lorman?
Over 39 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/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
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Why Lorman?
Over 39 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
This course was last revised on July 19, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hour(s) of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hour(s) credit.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services/Noggin Guru for auditing purposes. This activity may qualify for up to 1.0 hour(s) toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services/Noggin Guru is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hour(s) of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hour(s).
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hour(s) of credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hour(s) of A/V credit under the Law & Legal Procedure category.
- NALA 1.1
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.1 hour(s).
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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Credit
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Why Lorman?
Over 39 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
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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Why Lorman?
Over 39 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.
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