Civ Pro Question

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Geaux12
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Joined: Tue Oct 25, 2011 11:56 am

Civ Pro Question

Postby Geaux12 » Fri Oct 18, 2013 6:27 pm

Assuming FRCP, what's stopping an unethical attorney from naming an expert just to prevent opposing counsel from retaining said expert?

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gdane
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Re: Civ Pro Question

Postby gdane » Sat Oct 19, 2013 6:32 pm

Is this really something that you should be thinking about in a first semester civil procedure course? Don't waste time with a question like this unless it's going to show up on your exam. Did your prof talk about this at all?

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Br3v
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Re: Civ Pro Question

Postby Br3v » Sat Oct 19, 2013 6:34 pm

gdane wrote:Is this really something that you should be thinking about in a first semester civil procedure course? Don't waste time with a question like this unless it's going to show up on your exam. Did your prof talk about this at all?


This.

And also my 1L limited knowledge tells me Rule 11 would probably be a problem.

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kalvano
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Re: Civ Pro Question

Postby kalvano » Sat Oct 19, 2013 6:37 pm

Geaux12 wrote:Assuming FRCP, what's stopping an unethical attorney from naming an expert just to prevent opposing counsel from retaining said expert?


A federal judge's wrath at shady lawyers.

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Scotusnerd
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Joined: Sat Oct 01, 2011 7:36 pm

Re: Civ Pro Question

Postby Scotusnerd » Sat Oct 19, 2013 8:45 pm

Geaux12 wrote:Assuming FRCP, what's stopping an unethical attorney from naming an expert just to prevent opposing counsel from retaining said expert?


Rule 4.4, Model Rules of Professional Conduct. Pissed off judges. Not to mention a pissed off expert that you may have to deal with again. That's assuming you can get him to agree to that in the first place.




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