Attorney Client Privilege With Consultants In Queens
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FAQ
Under Federal Rules of Civil Procedure, Rule 26(b)(4) , only experts retained for trial and trial preparation can be subjects of discovery. If the expert is retained only as a consultant but not in anticipation of trial testimony, then his work on the case is probably not discoverable.
The attorney-client privilege means that certain communications between the attorney and the expert will not be disclosed to the other side. The only thing the other side gets to see is the materials that the expert relied upon in forming his or her opinion.
Depending on the jurisdiction, a consulting expert's identity may not be discoverable. In other words, the work of a consulting expert need not be disclosed to the opposing party, whereas the testifying expert's opinions, notes, and work product are all discoverable.
Privileged communication is defined as statements made by people within protected relationships (e.g., husband and wife, attorney and client) that the law shelters from forced disclosure on the witness stand.
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 ...
Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
Under the Federal Rules of Civil Procedure, a testifying expert's communications with counsel are protected only if the expert does not consider the communications in forming her opinions. By contrast, an attorney's communications with a consulting expert likely are protected by the work product doctrine.
The attorney-client privilege applies to communications “to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted.” Cal. Evid. Code § 952. This includes communications to an expert consultant.
Three types of privilege: Those that protect confidential communications made in the course of a professional relatinoship. Exempt from testifying at all. Exempt from giving certain types of information.
A: Firstly, the privilege requires that three things exist: 1) an attorney (including his whole office and staff) and a client; 2) a private communication; 3) the purpose of providing legal advice. Once you have those three things, the privilege covers everything and is construed very broadly.
