Can My Lawyer’s Communications Including Emails To My Doctor And Accident Investigation Experts Be Investigated?
NRCP Rule 26 (B) (3) protects expert communications between attorneyand expert, and any draft reports that were disclosed in the course of the litigation. This law went into effect in 2019. The rule mirrors the federal rule FRCP Rule26 that protect expert witness communications with attorneys in formulatingtheories of liability that are crucial to proving liability and damages inpersonal injury matters. There are only afew exception including fees charged, and any data that perhaps the attorneyhelped formulate or assumed to help the ultimate opinions. Under NRCP Rule 26, Nevada specificallystates, …”(C) Trial-Preparation Protection forCommunications Between a Party’s Attorney and Expert Witnesses. Rule26(b)(3) protects communications between the party’s attorney and any witnessrequired to provide a report under Rule 16.1(a), 16.2(d) or (e), or 16.205(d)or (e), regardless of the form of the communications, except to the extent thatthe communications:
(i) relate to compensation for the expert’s study or testimony;
(ii) identify facts or data that the party’s attorney provided and that theexpert considered in forming the opinions to be expressed; or
(iii) identify assumptions that the party’s attorney provided and that theexpert relied on in forming the opinions to be expressed.”
For years, Nevada allowed defense attorneysto pry into the foundations and emails of this sacred work product that is nowprotected. Attorneys must be able toshare their legal thoughts and help fashion a viable theory, or provide factualinsight to the expert such that the client’s case is as optimal aspossible. This law helps Nevada personalinjury attorneys achieve that objective.
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