November 30, 2018

In this article, Jenner & Block Partner Robert L. Byman and Associate Nathaniel K. S. Wackman explain that lawyers have no obligation to disclose the identity of experts retained in anticipation of litigation who are not expected to be called as witnesses.  Litigators can change their mind and shield a witness from discovery after disclosure and before a report is tendered.  “But,” the authors caution, “once an expert’s opinions are disclosed, they are fair game and can be used by either side.”  The authors describe strategies in the event a lawyer’s opponent wants to use an expert’s opinion against him or her.