Sentences with phrase «discuss draft expert»
Ontario litigators breathed a sigh of relief last Thursday when the Court of Appeal overturned a trial judge's ruling that it was improper for a lawyer to review and discuss draft expert reports with an expert witness, and that such discussions must be documented and disclosed to an opposing party.
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Ontario first started discussing plans to license home inspectors back in 2013, when it assembled a panel of industry experts to draft a report on the topic.
It can involve initial meetings or calls with clients to discuss a case and its prospects, drafting pleadings, considering prior art (earlier publications that can be used to invalidate a patent), reviewing documents to determine whether they are relevant and need to be disclosed, preparing a product or process description with the client (which involves drafting a detailed description of the product or process that is alleged to be infringing), meetings with experts, conferences with counsel to discuss and prepare the case for trial, and obviously days in court.
«The practice of discussing draft reports with counsel is improper and undermines both the purpose of Rule 53.03 as well as the expert's credibility and neutrality.»
The judge took up the issue and directed the expert to return to court with his draft reports and the notes he made while discussing them with counsel.
Many lawyers regard the changes to Rule 53 as an opportunity to review and discuss draft or preliminary reports with experts prior to the completion of the final report.
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Beginning in August, 2015, the CAMFT Ethics Committee, in collaboration with legal staff and 2 former committee chairs serving as expert consultants, have held meetings to discuss and draft proposed revisions to the CAMFT Code of Ethics.