Technology has rendered communications with critical expert witnesses as easy as an email, a text message or a voice mail. Many attorneys fall into the trap of engaging in informal communications with experts that are later revealed through discovery. Experts also create materials or communicate in a way that is subject to disclosure. These communications and materials can undercut the authority of the expert, embarrass the lawyer or worse. Alternatively, these communications can provide a treasure of cross-examination materials. This teleconference will review the current state of the law on the discoverability of expert communications with a focus on federal treatment of testifying and nontestifying experts. It will also discuss the sweeping changes in those rules that could take place by December 2010 under the proposed amendments to Federal Rule of Civil Procedure 26. This teleconference will review privilege and work product protections as applied to expert materials. Our faculty will explore the common disclosure pitfalls for practitioners and present real-life scenarios involving disclosure of expert communications. They will also discuss strategic considerations present in expert-intensive cases. Finally, youÆll get simple practical tips for working with experts that will protect your communications and minimize the potential for discovery issues arising as your case moves toward trial.

Faculty: Paul J. Jalsevac, Thomas S. Jones, Jones Day

Verification and Attendance is the responsibility of Lorman Education For credit questions, please contact Lorman at 866-352-9540

On Demand CLE Hours:CO 2, NV 1.5, NY 1.5

Self-Study CLE Hours AK 1.5, AZ 1.5, CA 1.5, CO 2, FL 2, GA 1.5, ME 1.5, MO 1.8, MT 1.5, ND 1.5, NM 1.5, NV 1.5, NY 1.5, TX 1.5, UT 1.5, VT 1.5, WA 1.5, WV 1.8

On demand orders placed on a weekend or holiday will be fulfilled on the next business day.