Benchmark Client Newsletter July 04 .pub

Photo: Valerie Reynoso, Comstock’s Business Magazines Vital Resource Vital Resource for Medical-Legal for Medical SOLUTIONS M EDICAL C ONSULTANTS July 2004 Volume 5, Issue 2 ETHICAL PROTOCOLS FOR DEALING WITH OPPOSING COUNSEL AND WITNESSES BY LEO SCHUERING merican Board of Trial to violate the integrity of those practices expert witness should be scheduled Advocates, also known and procedures for the purpose of the at a mutually convenient time and A as ABOTA are the most matter for which he has been retained. place. Lawyers should readily experienced and highly regarded trial lawyers agree to depositions “after hours” or Various State Bars and Federal in the legal community. Membership in this at the expert’s office, if that is the District Courts have published guidelines preeminent least disruptive to the expert’s prac-for conducting ethical and civil discovery, organization tice. However, if the expert’s office including scheduling, subpoenas, ques-is by invita- is not large enough to accommo-tioning and compensating experts. Virtu-tion only to date the number of lawyers in a ally all agree with the following guide-the signifi- multiple party case, the expert lines: cantly ex- should readily agree to the deposi- perienced tion being held at a lawyer’s office, Scheduling who have hospital or other convenient loca- The lawyer should schedule an displayed tions. expert witness’ testimony at trial far skill, civility ► ETHICS, page 3 ...