Facilitator Guide

Ethical Issues Working with Experts

Facilitator Guide

Ethical Issues Working with Experts

Topic: Experts
Duration: 1 hr
Format: Remote or in person

What’s covered

Conflicts of interest
Duty of candor
Sharing information with the expert
Communicating with the expert
Drafting the report
Following the protective order
Consulting vs. testifying experts
Loss of privilege and work product protections

Before the session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

https://www.hotshotlegal.com/trainings/ethical-issues-working-with-experts/attendee

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

Course

Ethical Issues Working with Experts

Guidance on ethical issues that come into play throughout the process of working with an expert. Includes the hiring process, giving an expert access to information, helping an expert draft their report, disclosure obligations, and maintaining privilege and work product protections.
Exercise
PDF

During the session

Part 1: Knowledge Check

Ask attendees these questions to ensure they understand the topic:

When working with an expert, what are the main implications of the ethical rule that you can’t offer an inducement to a witness?
What are some potential consequences of withholding important evidence from an expert?
What information can you share with an expert candidate during the hiring process?
What are your disclosure obligations with respect to a consulting expert? What about a testifying expert?
When working with an expert, how are the regular discovery rules on litigation materials different?

Part 2: Group Exercise

Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.

Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.

Part 3: War Stories and Firm Specifics

Share your own experiences and guidance, including:

Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
General practice tips (dos and don’ts)
Firm-specific guidance and practices

After the session

To continue their learning, attendees can check out related courses in Hotshot’s Experts topic.

About Hotshot

Hotshot helps lawyers develop their legal, business, and technology skills through short videos, quizzes, and summaries, and we help law firms and law schools plan and deliver engaging training programs. Our customers include Am Law 200 firms, top law schools, and regional and international firms.