© D.L. Crumbley
Protecting Work Product Privilege
Attorney should directly retain the consultant.
Agreement should be between attorney and expert.
Expert should obtain facts through, or at direction of the attorney.
Investigation should be done at the direction of attorney.
Attorney included when meeting with client.
Source: Zeph Telpner and Michael Mostek, Expert Witnessing in Forensic Accounting, Boca Raton, FL: CRC Press, pp. 209 – 237.
If opinion work product is shared with a testifying expert, it is discoverable (e.g., Lamonds v. General Motors Corp., 180 F.R.D. 302 (W.D. Va. 1998)