Attorney Client Privilege For Consultants In Queens
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FAQ
In California, “all discoverable reports and writing” of a retained expert must be produced upon a timely expert demand. (CCP § 2034.210(c); CCP § 2034.270.) Thus, draft reports are discoverable.
However, the New York Court of Appeals has recognized that information and observations disclosed by an attorney and conveyed to an expert may be protected from disclosure pursuant to the work-product doctrine.
The attorney-client privilege does not apply to every communication with an attorney. For the privilege to exist, the communication must be to, from, or with an attorney, and intended to be confidential. In addition, the communication must be for the purpose of requesting or receiving legal advice.
Unless the client waives the privilege, an attorney or his or her employee, or any person who obtains without the knowledge of the client evidence of a confidential communication made between the attorney or his or her employee and the client in the course of professional employment, shall not disclose, or be allowed ...
Rule 701 permits a lay witness to testify to an opinion or inference that is rationally based on his perception and helpful either to a clear understanding of his testimony or to the determination of a fact in issue.
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
Technically speaking, an expert witness is not the attorney, and they are third-party. So, in most jurisdictions, the attorney-client privilege does not apply, and the non-testifying expert witness might be questioned if the client divulges incriminating information to them.
Almost all written communications of a testifying expert are discoverable under Rule 26 of the Federal Rules of Civil Procedure (as well as Rule 16 of the Federal Rules of Criminal Procedure) and many state courts have adopted similar disclosure obligations.
Since the client, and not the attorney, holds the privilege, the client holds the ultimate authority to assert it or waive it.
Rule 3: Label the top of the communication or the subject line of an email: "Privileged and Confidential: Attorney-Client Privileged Communication." This notice should be prominent and easily viewable as soon as someone receives the communication.
