Restrictions On Communication With Experts: Advocacy Groups Provide Guidance On Moore v. Getahun

The Superior Court's January decision in Moore v. Getahun¹ has caused concern, anxiety² and even outright defiance in the bar as lawyers opt to discard³ Justice J. Wilson's central finding in the case—that counsel cannot consult privately with their experts once they've received first drafts of their expert reports—in the wake of the case's pending appeal.  In the interim, two prominent advocacy groups have stepped forward to provide guidance for counsel caught between the prospects of adverse findings at trial for ignoring Moore v. Getahun and of prejudicing their clients' cases by following the ruling.

The Decision in Moore v. Getahun

It bears (briefly) revisiting Justice Wilson's conclusions in the case, a personal injury action concerning medical opinions about a motorcycle accident and the medical treatment that followed.  The controversy concerned a lengthy telephone call between counsel and an expert concerning a draft report.  The trial judge found this