Tucson, AZ – A critical misstep in expert witness management is exposing Arizona attorneys’ case strategies. David J. Leonard, is alerting the legal community about consequences of inadvertently converting consulting experts into testifying experts, a change that eliminates discovery protections. Raised in New York City, Leonard relocated to Arizona in 1958 and continues practicing full time after six decades.
Under Arizona law, consulting experts not expected to testify enjoy broad protections for their communications and work product. However, once an expert transitions to testifying status—whether intentionally or through procedural missteps—those protections vanish. David J. Leonard, expert witness for legal malpractice in Arizona, explains that attorneys must exercise caution throughout engagement to avoid this transformation.
The stakes are high given Arizona’s “exceptional circumstances” standard. While consulting expert materials are generally protected, opposing counsel can obtain access by demonstrating that securing equivalent facts or opinions through alternative means is impracticable. “Many attorneys assume their consulting expert’s work remains shielded,” says Leonard. “That can be devastating when courts apply the exception.”
David J. Leonard, civil litigation expert witness in Arizona, recommends treating expert engagements with protective protocols regardless of designation. This ensures communications remain protected even if a consulting expert later becomes a testifying expert.
The transformation risk extends beyond formal designations. Court orders requiring expert disclosure, litigation strategy changes, or inadvertent pleading references can trigger the consulting-to-testifying conversion. According to David J. Leonard, malpractice expert witness in Arizona, attorneys must document each expert’s intended role from initial engagement and maintain consistent treatment.
“The line between consulting and testifying experts carries profound implications for discovery exposure,” emphasizes David J. Leonard, insurance malpractice expert witness in Arizona. “Understanding Arizona’s rules and implementing protective measures from day one is essential risk management.”
Attorneys requiring guidance on expert witness designation and protection should contact David J. Leonard at +1 (520) 622-7737 or visit https://davidjleonardlaw.com/
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Company Name: David J. Leonard, PLC | Expert witness in Arizona
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Phone: +1 (323) 359-0084
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City: Tucson
State: Arizona 85747
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Website: https://davidjleonardlaw.com/