North Carolina Business Litigation Report

Azalea Garden Board & Care v. Vanhoy, May 6, 2008 (Tennille)(unpublished)

There is no attorney client privilege or work product privilege between lawyers and their experts regarding information exchanged between them, even if the expert is also the client. 

The Court held:"Plaintiff’s assertion of the attorney client privilege to shield discovery of any communications with counsel involving his expert opinions is misplaced. Expert witnesses are subject to specific rules of discovery under the North Carolina Rules of Civil Procedure. N.C.R. Civ. P. Rule 26(b). Generally, the facts known to and the opinions held by an expert are discoverable as well as the materials the expert relied upon in coming to his or her opinion. See id. at Rule 26(b)(4), 26(b)(1). If [the expert's] opinions are based upon any information supplied to him by counsel that information is discoverable and Plaintiff is required to make disclosures of that information."

Full Opinion

Defendant's Brief 


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Mack Sperling
Brooks Pierce, LLP
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