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Amendments to CR 26 and 30 Will Change Discovery and Deposition Practice

WA Bar News

EXPERT WITNESS DISCLOSURE It was the Work Group’s impression that many litigants tactically withhold discovery of testifying expert witnesses on the ground that no disclosure is required until a case schedule deadline. To illustrate the proper use of a privilege objection, a request for witness statements might call for work product.

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Non-testifying consultants: Does attorney-client privilege apply?

Forensic Psychologist

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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Visualization as a Tool to Enhance Performance: Picture Yourself in the Courtroom

The Successful Lawyer

Visualize witness examinations. Visualize your rebuttal. Imagine giving your opening statement and let your theme and initial grabber bubble up. See yourself describing the important evidence in the context of your theory and theme. Observe your opponent doing the same thing. Hear your opponent giving their argument as well.