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Attorney Discipline Law Supreme Court Opinion

by Agati, Taryn

 

SC20751 - Epright v. Liberty Mutual Ins. Co. ("This case requires us to consider whether, under Practice Book § 13-4, an attorney may be sanctioned for engaging in ex parte communications with an expert witness who has been retained and disclosed by the adverse party for the purpose of providing testimony in litigation. The defendant in error, Liberty Mutual Insurance Company (Liberty Mutual), appeals from the judgment of the Appellate Court, which reversed the trial court's order imposing sanctions on the plaintiff in error, Brignole, Bush & Lewis, LLC (firm), the law firm representing the plaintiff, Jacqueline Epright, in the underlying underinsured motorist action brought by Epright against Liberty Mutual. The trial court imposed monetary sanctions after finding that attorneys with the firm engaged in impermissible ex parte communications with Liberty Mutual's expert witness, James Depuy, an orthopedic surgeon retained and disclosed by Liberty Mutual to provide testimony regarding damages and causation. The trial court determined that the firm's communication with Depuy was a clear violation of the rules of expert discovery set forth in § 13-4. The Appellate Court reversed the order of the trial court, concluding that § 13-4 does not clearly prohibit ex parte communication between an attorney and an opposing party's disclosed expert witness. We agree and, accordingly, affirm the judgment of the Appellate Court.")