Metropolitan Corporate Counsel magazine has reported that the ABA has proposed that the drafts of expert reports be treated as privileged materials and not subject to discovery.

In an interview with Jeffrey J. Greenbaum, the magazine noted that the Federal Practice Task Force (which Mr. Greenbaum co-chaired) of the Section of Litigation of the American Bar Association developed a proposal which was approved by the Section and subsequently adopted by the ABA House of Delegates.

The main thrust of the proposal was to protect expert draft reports as well as the communications between expert and counsel. This would negate the need to hiring consulting experts, just to maintain privilege.

The proposal has been submitted to the US Judicial Conference Advisory Committee on Civil Rules. If all goes smoothly, the rules could be changed by the end of 2009 (!).

To read the article, click here.