Non-Retained Experts: Leveraging the Opinions of Specialized Eye-Witnesses and Participants

A live 90-minute CLE video webinar with interactive Q&A


Thursday, May 20, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, April 30, 2021

or call 1-800-926-7926

This CLE webinar will review the advantages and challenges of using non-retained experts in complex litigation. The panel will discuss how to identify non-retained experts, when some or all of the disclosure and reporting requirements of Federal Rule of Civil Procedure 26 apply, how to prevent waiver of work product or privilege protections, and what happens if a witness is converted from a non-retained into a retained expert. The program will also consider the issues arising with consulting experts.

Description

Using an in-house expert in litigation can save the client expenses and fees and the employee-expert will often be familiar with the relevant facts of the case. Nonetheless, the proposed expert may not be a good witness and communications with the non-retained expert are normally not privileged.

Non-retained experts include treating physicians, accountants, vendors, product testers, employees of customers, and others who have obtained knowledge of the facts first hand but have specialized expertise qualifying them to give an opinion. They are not subject to the same disclosure requirements as retained experts. Some courts have designated the same individual as both a fact and expert witness for trial.

Nevertheless, the non-retained expert can be transfigured into a retained expert under certain conditions, triggering full disclosure and compliance with Rule 26. Problems arise when this transformation is inadvertent and happens late in the case.

Listen as this experienced panel guides counsel through the benefits of using non-retained experts as well as the pitfalls to avoid.

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Outline

  1. Benefits of non-retained experts
  2. Relevant rules governing disclosure and reports
  3. Work product and privilege protection
  4. How non-retained experts can become retained experts and consequences
  5. Best practices for using non-retained experts

Benefits

The panel will review these and other issues:

  • What is the test for defining a non-retained expert?
  • Are disclosures and reports required from non-retained experts?
  • Are the conclusions of non-retained experts, not provided to any testifying experts, discoverable if used only to educate counsel?

Faculty

Moore, Escum
Escum L. (Trey) Moore, III

Attorney
Moore & Moore

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 |  Read More
Shustak, Erwin
Erwin J. Shustak

Managing Partner
Shustak Reynolds & Partners

Mr. Shustak is the founder and Managing Partner of the Firm. He heads the Litigation and Arbitration Department, with...  |  Read More

Smith, Caroline
Caroline B. Smith

Attorney
Butler Snow

Ms. Smith is a member of Butler Snow’s litigation department and practices within the Commercial Litigation...  |  Read More

Attend on May 20

Early Discount (through 04/30/21)

Cannot Attend May 20?

Early Discount (through 04/30/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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