There is a dance involved in report writing. Experts need enough time and information to create excellent reports; attorneys often want to review the reports, but need to be cognizant that any change requests not impact the expert’s opinion or voice; and in the background confidentiality and discovery lurk over all the communication, with rules dependent on the given jurisdiction.
Experts are crucial to a client’s case, but they may not understand the rules in effect for their particular matter. To avoid discovery pitfalls, it is important to set expectations at the beginning of the process. Experts should be asked about the confidentiality rules at the start of any discussion with a lawyer.