Non-testifying consultants: Does attorney-client privilege apply?
Forensic Psychologist
JUNE 1, 2016
Is the work product of an expert who is retained only as a consultant -- not as a testifying witness -- confidential under the doctrine of attorney-client privilege ? Even when an insanity defense is raised, “the cloak of privilege” only falls away at the point that defense counsel elects to call an expert as a witness, ruled the court.
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