Communications With Non-Retained Experts May Be Subject to Disclosure

October 14, 2024  |  New York Law Journal

Recent case law has further clarified the discoverability of communications with non-retained experts, particularly in cases involving treating physicians. In Ayotte v. National Basketball Association, Southern District Magistrate Judge Robert Lehrburger addressed whether communications between Plaintiffs’ counsel and Plaintiffs’ non-retained expert psychologist were protected by the attorney-client and work product privileges. In their latest article for the New York Law Journal, “Communications With Non-Retained Experts May Be Subject to Disclosure,” Morvillo Abramowitz partners Edward M. Spiro and Christopher B. Harwood examine Judge Lehrburger’s decision ordering the disclosure of the communications based on his analysis of the hybrid role of treating physicians and the importance of evaluating potential attorney influence on their testimony.

Communications With Non-Retained Experts May Be Subject to Disclosure (pdf | 192.84 KB)