A law firm may not be able to represent a party in an appeal if a member of the firm was an expert witness for the opposing party during the underlying trial, the Utah bar’s ethics committee said in a recent opinion.
The opinion highlights how widely-adopted recent changes to discovery rules can create conflict management problems for law firms that permit members to earn income as expert witnesses.
Experts vs. Consultants
In 2010, amendments to the Federal Rules of Civil Procedure limited the ability to discover an expert’s communications with counsel. Many states, including Utah, adopted similar changes.
The ...
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