TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, August 17, 2006

ABA Urges Draft Expert Report Privilege

Closest vote of the convention, but it passed -- supporting the creation of a uniform privilege for communications between counsel and experts.

While I can see the value of uniformity, the article seems rather lacking in explanation about why uniform privilege is the right answer.  It's always seemed fairly relevant to me to be able to show a jury just how involved in a particular expert report the attorneys are, and to be able to show just how much some experts become advocates. 

There are certainly reasons to go with a privilege (in particular avoiding distraction by what are actually immaterial changes), and I assume those positions were in fact presented -- but this article doesn't make them clear.

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