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ABA Publishes Bernabei & Wachtel Article on Expert Witnesses

The American Bar Association’s The Brief, published for lawyers practicing tort and insurance law, recently published an article by Lynne Bernabei, Matt Radler, and Lauren Mendonsa, “Ethical Duties and Standards in Disqualifying, Retaining, and Communicating with Expert Witnesses.” They discussed the issues arising from Daubert challenges to disqualifying an expert, as well as alternative methods, including conflict of interest issues (such as side-switching experts), or an expert’s failure to comply with court-approved rules for expert examinations or evaluations. They also discussed issues arising from communicating with adverse experts, and expert witness fees.