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Over a decade ago, the Texas Supreme Court held that any document provided to a testifying expert in anticipation of her testimony must be disclosed to the other side, regardless of whether the expert relied on the document....more
In In re City of Dickinson, 568 S.W.3d 642 (Tex. 2019), the Supreme Court of Texas recently assessed whether a client’s emails with its counsel were subject to disclosure after the client was designated as a testifying expert...more
In re City of Dickinson1 is an important case for businesses with an employee who will testify as an expert. The question for the court was which competing rule prevails: the rule protecting attorney-client communications or...more
Clients often make good testifying experts because they have specialized knowledge and experience in their industry. While normally emails between an attorney and a testifying expert are discoverable, what if the testifying...more