Podcast
Questions and Answers
What is a consequence of sending an entire client's Google Drive instead of specific folders or files?
What is a consequence of sending an entire client's Google Drive instead of specific folders or files?
When may disclosed documents to experts be considered discoverable?
When may disclosed documents to experts be considered discoverable?
What must be demanded in the mutual exchange of expert witness information?
What must be demanded in the mutual exchange of expert witness information?
Which type of information is exempt from being discoverable when shared with retained experts?
Which type of information is exempt from being discoverable when shared with retained experts?
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What is a key guideline for sharing documents related to depositions?
What is a key guideline for sharing documents related to depositions?
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What should parties do when demanding the exchange of expert witness information?
What should parties do when demanding the exchange of expert witness information?
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Why is it critical to avoid over-disclosure to external attorneys and experts?
Why is it critical to avoid over-disclosure to external attorneys and experts?
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Prior expert witness info exchange, defense can demand for the production of reports from experts whose services were rendered in an advisory capacity
Prior expert witness info exchange, defense can demand for the production of reports from experts whose services were rendered in an advisory capacity
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Generally, you should share files related to motions to compel further responses to an accident reconstruction expert
Generally, you should share files related to motions to compel further responses to an accident reconstruction expert
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Which one would you most likely share with your medical expert?
Which one would you most likely share with your medical expert?
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Study Notes
Avoiding Over-Disclosure to External Parties
- The presentation focuses on avoiding over-disclosure of documents to external attorneys and experts.
The Issue
- The current practice of sending entire client Google Drives instead of specific folders or files to external parties is the problem.
Status Quo and Corresponding Issue
- Retaining experts, hiring external attorneys for depositions and hearings, and dealing with mediators are situations where the issue occurs.
- The issue is sending the entire client's Google Drive versus specific folders or files.
Consequences
- Sending the entire Google Drive instead of specific files leads to extra billing hours.
- Sharing privileged and work-product files is a consequence.
- For experts, shared information may be discoverable (reports and writings).
Preparation for Inspection
- Preparation for inspection included reviewing case facts, details, and photographs on December 15, 2020.
Billed hours are minimal
- Billed hours were minimal because the case was new in 2020.
On Experts
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Whatever documents are provided to experts may be discoverable later during discovery.
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Documents shown to retained experts for mutual exchange are disclosed.
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Expert services rendered in an advisory capacity will not be disclosed and the expert will not testify.
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A party should demand a simultaneous mutual exchange of expert witness information, including discoverable reports and writings, from all parties in the case.
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Parties should demand this exchange (discoverable reports and writings) 70 days before trial.
Disclosure of Privileged/Work-Product Files to Experts
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The contents of discoverable reports and writings produced for experts may be subject to later discovery.
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Designated expert's reports and writings are not protected by privilege or work-product protection, if they are within the general scope of discovery.
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The disclosures apply only to retained experts who are disclosed in the exchange.
General Guide on What to Send to Experts
- A checklist for sending documents to experts is provided. This covers various document types, including witness statements, discovery responses, depositions, police/scene photos, and medical records.
- The checklist also outlines situations where documents might not be sent (e.g., if not applicable or not approved by the attorney)
- The checklist includes specific categories for various types of experts, such as medical experts, radiologists, and technical experts.
On External Attorneys
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Only documents directly relevant to the deposition's objectives should be shared.
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Examples of documents to share include the complaint, relevant discovery responses, deposition notices, traffic reports, and photographic evidence or witness statements.
Other Hearings
- (No specific details provided on this category.)
On Mediators
- No specific information on this category.
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Description
This quiz addresses the critical issue of over-disclosure when sharing documents with external attorneys and experts. It highlights the risks associated with sending entire Google Drives instead of targeted folders or files, including the potential for extra billing hours and the sharing of privileged information. Test your understanding of best practices for document disclosure and preparation for inspections.
