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Medical Experts Beware: If You Consult With A Law Firm And Then Agree To Be Retained By Their Adversary You May Be Disqualified From The Case

Posted by Eric Reiser February 2, 2015 Experts, Litigation, Probate Litigation

Assume the following scenario. An attorney representing a party in a lawsuit challenging the probate of a contested will consults with a medical expert, describing the facts of the case, sharing his mental impressions and discussing trial strategies. The client decides not to hire the expert. The same doctor then consults with the attorney ... Read More.

Tagged in: 126 N.J. 261 (1991) 156 F.R.D. 575 (D.N.J. 1994) 412 N.J. Super. 374 (App. Div. 2010) balance of the competing policy objectives in determining expert disqualification barring attorney in NJ barring expert witness NJ barring expert witness under new jersey court rule 4:10-2(d)(3) barring experts in New Jersey barring experts opining on mental capacity new jersey barring medical expert in probate case new jersey Carchidi v. Iavicoli Cordy test Cordy v. Sherwin-Williams Co. disqualification of attorney in New Jersey disqualification of medical expert in New Jersey expectation of confidential relationship expert report barred from trial in NJ experts failure to disclose consultation to adversary experts with a prior relationship with an adverse party may be disqualified under the attorney-client privilege and fundamental fairness Graham rule barring consulting expert Graham v. Gielchinsky objectively reasonable for first party who retained expert to believe that confidential relationship existed party disclosed confidential information to expert psychatrist barred from testifying at trial

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