Friday, November 03, 2006

Have You Been Named as an Expert?

The discussion about being named as an expert without permission or retention by the attorney continues to bring in additional questions but few answers. (If you missed it, you can download the PDF "DWP - Expert Designation Responses" from the right column of this blog).

One of the most frequent inquiries is about how to find out if you've been designated without your permission. I know of many places to find records and transcripts of expert depositions and testimony, but have yet to find something like this. Often, when an expert is named in this way, it is to encourage a settlement based on the esteemed reputation of that expert. So the matter never gets to court, where the records would be more easily found.

Have any of you found a way to research this? How do you usually find out that you've been designated by an attorney (especially if the attorney has never even contacted you before)?

1 comment:

pn said...

Because expert designations generally aren't filed with the court, this is virtually impossible to monitor.