Wednesday, October 28, 2009

Expert Testimony and the Dangers of Email

A case in Illinois has recently been brought to my attention. As most of us know, expert testimony is often times essential to proving a case.

In the case that I mentioned, correspondence between the experts through email was made public.

How you ask?

Through the Freedom of Information Act.

Most experts are considered as such due to their involvement in University research. Thus they are often times, in the cases of Public Universities, State employers. Thus their emails and who knows what else (notes, research, etc.) can be viewed as public domain and thus received through the Freedom of Information Act.

This obviously can be damaging to any case and I urge each of you to inform attorneys using experts to be aware.

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