Some limited privileges that may apply to the expert's files and testimony may be waived by the attorney or client. Privilege can be waived in the following ways:

• The material is inadvertently produced for the opposing side without a claim of privilege.
• A third party is present at the time of the privileged communication.
• Work done as an attorney work product is later used by the expert to help formulate expert opinion.
• Court or statutory tests for existence of the privilege have not been met.
• The subject matter of the privileged communication is placed at issue by the client or attorney.

Back Forward