Tucson, AZ - Attorneys across Arizona face mounting risks as courts scrutinize expert witness communications and draft reports during discovery. David J. Leonard, Expert Witness in Arizona, is issuing critical guidance to legal professionals about protecting privileged communications under Arizona Rule 26(b)(4).
After six decades of full-time practice, David J. Leonard brings unparalleled experience to expert witness work, serving Arizona attorneys while also accepting assignments in other states and appearing for depositions and court via Zoom.
Arizona Rule 26(b)(4) provides protections for drafts of expert reports and attorney-expert communications, but these safeguards have limitations. According to David J. Leonard, legal expert witness in Arizona, drafts become discoverable when they relate to compensation, identify facts or assumptions provided by counsel, or reveal dates when such information was received. "Early documentation is essential," emphasizes David J. Leonard. "Attorneys must establish in writing that drafts not related to compensation or relied-upon facts are preliminary and subject to revision."
The risk extends beyond standard discovery. David J. Leonard, trial expert witness in Arizona, notes that courts may order disclosure of protected materials when opposing parties demonstrate substantial need and cannot obtain equivalent information through other means. This becomes critical when physical evidence examined by experts is no longer available.
To safeguard legal strategy, Leonard recommends protective measures. Experts should include standardized disclaimers in preliminary communications, labeling documents "DRAFT" and "PRELIMINARY OPINION." David J. Leonard, testifying expert witness in Arizona, advises that separate memoranda should address compensation and factual assumptions to maintain clear boundaries around discoverable content.
"Attorneys must understand that routine communications can expose case strategy if not protected," says Leonard. "The distinction between protected work product and discoverable communications requires careful attention throughout expert engagement."
For attorneys seeking guidance on protecting expert witness communications and reports, contact David J. Leonard at +1 (520) 622-7737 or visit https://davidjleonardlaw.com/ to learn more.
Media Contact
Company Name: David J. Leonard, PLC | Expert witness in Arizona
Contact Person: Media Relations
Email: Send Email
Phone: +1 (323) 359-0084
Address:5555 Melpomene Way
City: Tucson
State: Arizona 85747
Country: United States
Website: https://davidjleonardlaw.com/
