What are some of the factors courts have used in determining whether to disqualify an expert?
What will be an ideal response?
ANSWER: Factors courts have used in determining whether to disqualify an expert include the following:
* Whether the attorney informed the expert that their discussions were confidential
* Whether the expert reviewed materials marked as confidential or attorney work product
* Whether the expert was asked to sign a confidentiality agreement
* Number of discussions held over a period of time
* The type of documents that were reviewed (publicly filed or confidential)
* The type of information conveyed to the expert—whether it included general or specific data or included confidential information, trial strategies, plans for method of proof, and so forth
* The amount of time involved in discussions or meetings between the expert and attorney
* Whether the expert provided the attorney with confidential information
* Whether the attorney formally retained the expert
* Whether the expert voiced concerns about being retained
* Whether the expert was requested to perform services for the attorney
* Whether the attorney compensated the expert
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