State Bar of Arizona Ethics Opinions
94-13: Former Client; Expert Witness; Disclosures to Tribunal
The inquiry pertains to ethical considerations when a lawyer previously represented a court appointed mental health professional expert witness several years ago in an unrelated matter. The Opinion concluded that the lawyer: 1) is not required to disclose the prior representation absent some showing that the former relationship predisposes the expert in some unusual way to favor the expert's former attorney; and 2) need not withdraw from the present representation unless there is some unusual bias on the expert's part or the lawyer is restricted in cross-examining the expert due to the prior representation.
Call the State Bar of Arizona Ethics Department at (602) 340-7236 for a copy of this Opinion.