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Re: BORPELS and residential room additions

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At 04:41 PM 9/13/97 -0600, you wrote:
>>In addition, once the expert has been engaged or given any information about
>>the client's case, the expert cannot be called by the other side
>Not true. Opposing counsel can subpoena anyone with substantive knowledge 
>of the case including any experts called by the other side. It isn't done 
>very often, because there are some possible pitfalls, but it happens.
>

I should have made clear what was necessarily implied. You are correct,
once the expert is identified as a witness, the expert's deposition may be
taken and he or she could be called as a witness.  I did not intended to
imply otherwise. However,  assuming the expert had no independent knowledge
of the facts of the case, until the expert has been identified as a witness,
the expert is merely a consultant to the attorney and is covered by the
attorney client privilege and the work product doctrine. The point I was
attempting to make is: If the expert's opinion is not favorable to the
client, the attorney will not identify that particular expert as a witness
and the expert will not be called to testify. To the extent the privilege
applies, the expert will not be permitted to testify. Thus, the expert will
be biased in favor of the side who called him or her, i.e. not neutral. This
is not to imply that they should be advocates, as you correctly pointed out.

Robert