Rule 26 of the Federal Rules of Civil Procedure incentivizes a party's attorney to get creative in his efforts to prevent disclosure of his communications with the party's expert, while simultaneously encouraging opposing counsel to engage in creative tactics to discover drafts of expert reports and information otherwise protected from disclosure by the attorney-client privilege and/or the attorney work product doctrine.
Proposed Amendments to Federal Rules Would Limit Expert Witness Disclosures
Rule 26 of the Federal Rules of Civil Procedure incentivizes a party's attorney to get creative in his efforts to prevent disclosure of his communications with the party's expert ... The results of the rule have been costly and often lead to the discovery of information that is only marginally relevant to any genuine issue in dispute.
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Leyla Mujkic, Hesham M. Sharawy And Daniel J. HerlingThis premium content is locked for LawJournalNewsletters subscribers only
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