Gall Ex Rel. Gall v. Jamison

In this original proceeding pursuant to CAR. 21, we examine whether a written communication from an attorney to a retained testifying expert is discoverable notwithstanding the attorney's claim of work product privilege.

The plaintiffs in the underlying medical malpractice action sought interlocutory review of the trial court's order compelling them to produce correspondence between their counsel and a medical expert that the plaintiffs had designated to testify at trial on the issue of the standard of care. This court issued a rule to show cause why the plaintiffs request for mandamus relief…