As you know, Rule 26 will likely be changing to expand the work product privilege regarding communication between attorneys and expert witnesses.
The new rule will provide:
Rule 26(b)(4)(B):
Trial-Preparation Protection for Draft Reports or Disclosures. Rules 26(b)(3)(A) and (B) protect drafts of any report or disclosure required under Rule 26(a)(2), regardless of the form in which of the draft is recorded.
Rule 26(b)(4)(C):
Trial-Preparation Protection of Communications between a Party’s Attorney and Expert Witnesses.
Rules 26(b)(3)(A) and (B) protect communications between the party’s attorney and any witness required to provide a report under Rule 26(b)(2)(B), regardless of the form of the communications, except to the extent that the communications:
(i) Relate to compensation for the expert’s study or testimony;
(ii) Identify facts or data that the party’s attorney provided and that the expert considered in forming the opinions to be expressed; or
(iii) Identify assumptions that the party’s attorney provided and that the expert relied upon in forming the opinions to be expressed.
Please comment on your opinion of the proposed rule change.
Thank you,
Alex Babitsky, MBA
SEAK, Inc.
www.seakexperts.com
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