What Expert Communications are Protected Before the Lawsuit is Filed
I'm often asked whether communications with expert witnesses, before a lawsuit is filed, are protected. A corollary to this question is whether to obtain a written report from the expert or a verbal report. Also, is the report (written or verbal) subject to production in the subsequent lawsuit. Our claim customers deal with different states, each of which have unique rules and procedures for dealing with these sensitive communications. The concern often raised is that thes
