Legal Question in Legal Ethics in Hawaii

defamation wi judicial process

I am a consultant/expert witness; while I was being deposed, a question arose re a privileged document of which I was unaware. The depo was stopped and opposing counsel filed a motion accusing me of lying. This affects me in my work in this small state. Do I have any recourse?


Asked on 4/23/07, 5:44 pm

1 Answer from Attorneys
Johm Smith tom's

Re: defamation wi judicial process

In most states, expert witnesses are not covered by the attorney-client privilege unless you are only for consulting purposes, which you are not because you are being deposed. So you may have improperly refused to testify about that document, which loses the privilege protection if your customer shows it to you. But I'm not a HI attorney.

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Answered on 4/23/07, 6:44 pm


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