U.S. flag

An official website of the United States government, Department of Justice.

Law 101: Legal Guide for the Forensic Expert

Limited Privileges

Some limited privileges that may apply to the expert's files and testimony may be waived by the attorney or client. Privilege can be waived in the following ways:

  • The material is inadvertently produced for the opposing side without a claim of privilege.
  • A third party is present at the time of the privileged communication.
  • Work done as an attorney work product is later used by the expert to help formulate expert opinion.
  • Court or statutory tests for existence of the privilege have not been met.
  • The subject matter of the privileged communication is placed at issue by the client or attorney.

Back Forward