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Butler Snow LLP

The Texas Multiple Personality Privilege: Privileged Communications with an Expert Witness Who is Also Your Client

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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

White and Williams LLP

Privileged Communications With a Testifying Client/Expert

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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

Porter Hedges LLP

"Texas Supreme Court: Attorney-Client Privilege Protects Communications With Employee-Experts"

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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

Husch Blackwell LLP

Texas Supreme Court Rules Email As Attorney-Client Privileged

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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

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