ABSTRACT
Work product includes written statements, private memoranda, and personal recollections prepared or formed by an attorney which reflect the attorney's efforts at investigating and preparing a case, assembling information, determining relevant facts, preparing legal theories, planning strategy, and recording mental impressions. Therefore, if any attorney discusses trial strategy with the expert or writes letters or memos to the expert regarding trial strategy, it may be work product. Attorneys' ethical obligations are contained in each state's Rules of Professional Conduct or Code of Professional Responsibility. An attorney has been held to have an ethical obligation to pay an expert's fees unless he gives an express disclaimer of responsibility. To be more effective, an expert should be aware of the legal and ethical responsibilities in that role. The expert should understand the test for admissibility for expert evidence, the rules of discovery and procedure, and any other statutory responsibilities.
