Privilege
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Privilege
The Eureka Doctrine – At the Intersection of Conflicts and Privilege
Not surprisingly, joint clients do not waive their privilege protection when they communicate with their joint lawyer or (in some situations) with each other. But what if a lawyer improperly represents joint clients whose interests are so adverse that the ethics rules prohibit such a joint representation?
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Courts Deal With "Dual-Hat" Experts: Part II
In his previous Privilege Point, McGuireWoods partner, Thomas Spahn, addressed a court's careful sorting out of discovery issues implicated when a non-testifying consulting expert created documents arguably related to his later role as a testifying expert. Here, he picks up where he left off.
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Courts Deal With "Dual-Hat" Experts: Part I
Fed. R. Civ. P. 26(a)(2)(B)(ii) governs testifying experts' duty to produce "the facts or data considered by the witness in forming" his or her opinion. Fed. R. Civ. P. 26(b)(4)(D) governs dramatically different non-testifying consulting experts. Not surprisingly, witnesses might switch from one role to the other, and also might possess arguably pertinent facts from direct or tangential participation in the pertinent underlying events.
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