Non-Retained Experts: Leveraging the Opinions of Specialized Eye-Witnesses and Participants
Recording of a 90-minute CLE video webinar with Q&A
This CLE course 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.
- Benefits of non-retained experts
- Relevant rules governing disclosure and reports
- Work product and privilege protection
- How non-retained experts can become retained experts and consequences
- Best practices for using non-retained experts
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?
Erwin J. Shustak
Shustak Reynolds & Partners
Mr. Shustak is the founder and Managing Partner of the Firm. He heads the Litigation and Arbitration Department, with... | Read More
Mr. Shustak is the founder and Managing Partner of the Firm. He heads the Litigation and Arbitration Department, with over 40 years of extensive experience in a wide variety of complex disputes and transactions, across the country and overseas. Mr. Shustak specializes in litigations, trials, arbitrations and appeals of complex securities, financial and business disputes, with an emphasis in the areas of securities and financial services and regulatory law. Few attorneys have the depth and range of his legal experience and judgment.Close
Caroline B. Smith
Ms. Smith is a member of Butler Snow’s litigation department and practices within the Commercial Litigation... | Read More
Ms. Smith is a member of Butler Snow’s litigation department and practices within the Commercial Litigation group. Prior to joining Butler Snow, she clerked for the Honorable Leslie H. Southwick of the United States Court of Appeals for the Fifth Circuit.Close