Several years ago Columbia Law School’s William H. Simon published an essay that was what one legal academic called “the blockbuster legal ethics article of the year.” In addition to discussing the ethical practices of attorneys and the professional standards for experts, Simon wrote that there should be greater candor between opposing experts.
Simon’s essay was received with incredulity, skepticism and several legitimate concerns, however his point is valid. Although the notion of greater openness among experts may seem foreign to U.S. attorneys, this is not necessarily the case elsewhere.
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