Privilege
More Privilege Articles
Litigants asserting work product protection must (if called upon to do so) identify the exact moment when they first anticipated litigation, and consistently apply that date when withholding and logging documents.
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Last week's Privilege Point summarized a case confirming non-testifying experts' general immunity from discovery — absent "exceptional circumstances" such as destructive testing. Ten days later, another court addressed discovery of what are called "dual hat" experts — providing both consulting advice and testimony.
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Many courts address the discovery available from a litigant's testifying experts. Fewer courts assess discovery of a litigant's consultant retained to provide background expertise rather than testifying.
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