Essential Documents Only — Avoiding Over-Disclosure to External Attorneys and Experts PDF

Essential Documents Only: Avoiding Over-Disclosure to External Attorneys and Experts Luis General 16 Dec 2024 The Issue Status Quo and Corresponding Issue  Scenario:  When we retain an expert  When we hire external attorn...

Essential Documents Only: Avoiding Over-Disclosure to External Attorneys and Experts Luis General 16 Dec 2024 The Issue Status Quo and Corresponding Issue  Scenario:  When we retain an expert  When we hire external attorneys for depo and other hearings  When we deal with mediator  Issue: We’re sending the entire client’s Google Drive INSTEAD OF specific folders or files Consequences  Additional billing hours  Disclosure of privileged and work-product files  For experts: what is shared may be discoverable (reports and writings) Preparation for inspection including review of case facts, details and photographs 12/15/2020 Billed hours are minimal because case was new in 2020 On Experts Disclosure of Privileged/Work-Product Files to Experts  GR: Whatever we produce to experts may be discoverable at the latter end of discovery  EXC:  Privileged and work-product info possessed by RETAINED experts (disclosed in mutual exchange)  Expert services rendered in advisory capacity (not disclosed; will not testify)  Production of Demand for Expert’s Exchange of Expert Discoverable Witness Info Reports and Writings (70 days before trial date) (Date specified on the demand) Disclosure of Privileged/Work-Product Files to Experts  Production of Expert's Discoverable Reports and Writings  In demanding a simultaneous mutual exchange of expert witness information, a party should also demand that all parties simultaneously produce for inspection and copying any discoverable reports and writings made by any expert designated in response to the demand who is:  A party  An employee of a party  An expert retained by a party to form and express an opinion in anticipation of the litigation or in preparation for the trial of the action Disclosure of privileged/work-product files to Experts  "discoverable reports and writings”  any writing by the designated expert that is within the general scope of discovery  NOT protected by privilege or work product protection  NOTE: Only for retained experts who are disclosed in the exchange General Guide on What to Send to Experts On External Attorneys Depositions  Share only documents directly related to the deposition’s objectives  Examples of shared documents:  Complaint  Relevant Discovery Responses  Deposition Notice  Traffic reports, photographs, or witness declarations as applicable Other Hearings On Mediators Question-and-Answer / Discussion THANK YOU! ☺☺☺