The United States Law Week

Lawyer Can’t Talk to Experts Just So Adversary Can’t Use Them

Sept. 4, 2018, 4:14 PM

A lawyer can’t hire or share confidential information with an expert just to keep her from working for an opponent, a Texas bar’s ethics committee said in an August opinion.

A lawyer was engaged in litigation where only a handful of highly specialized experts could testify. He asked if he could try to create a conflict that would disqualify an expert from working for the opponent by hiring the expert or sharing confidential information.

The lawyer can’t, the committee said, if there is no “substantial purpose” other than to create a conflict.

If the lawyer retains or simply shares confidential...

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