The work product privilege.

Practice point: Work product is privileged, and that privilege extends to experts retained as consultants to assist in analyzing or preparing the case. However, protection runs only to facts and observations disclosed by the attorney. Thus, it is the information and observations of the attorney that are conveyed to the expert which may be subject to trial exclusion. The privilege does not insulate other disclosed information from public exposure.

Student note: To the extent that any portion of the reports prepared by the forensic analyst is attorney work product, the privilege protects the reports notwithstanding that the analyst reviewed the reports prior to his deposition.

Case: Beach v. Touradji Capital Mgt., LP, NY Slip Op 06004 (1st Dept. 2012).

Here is the decision. 

Tomorrow’s issue: Day care and the duty of care.