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Law 101: Legal Guide for the Forensic Expert

Permission to Speak With Attorneys

Although a subpoena compels a witness's attendance and testimony during the applicable court proceeding, it does not preclude a witness from speaking with the attorneys in a case. Permitted communications between expert witnesses and attorneys outside of legal proceedings will vary among jurisdictions.

Although there may be no jurisdictional prohibition against speaking to attorneys outside of legal proceedings, having attorneys present from both sides affords them equal access to the expert and prevents the possibility for misunderstanding.

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