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Potential Pitfalls of Using Your Client's Employees as Consulting Experts Plus an Ediscovery Checklist

By Kathryn Hughes | Thursday, December 20, 2012

Originally published in the June 15, 2012 issue of LitigationWorld: As you know, two types of experts exist — testifying experts and consulting experts. It often seems to make sense for an employee of your client to serve as a consulting expert because of their knowledge and because you don't have to pay them. But there's a potential pitfall — using an employee of a party may subject their opinions to disclosure, thereby eliminating a key benefit of consulting experts. In this issue of LitigationWorld, Seattle litigator and civil procedure expert Kim Gunning analyzes this issue. You'll learn about the current split in the courts, and a federal district court opinion issued last month that may pave the way for a resolution by the SCOTUS. Also, don't miss the LitigationWorld Pick of the Week for a handy checklist to document the ediscovery process so that you can prove reasonableness if challenged.

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Topics: Litigation/Discovery/Trials | LitigationWorld
 
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