Trump Administration Executive Order (EO) Tracker
Sponsorships and Speaking Engagements | 28 March 2025 | 4:15 p.m. - 5:15 p.m. (ET)
Toeing the Line: Privilege, Ethics, and Best Practices for Working with Environmental Consultants (Ethics Panel)
The technical complexities of environment, energy, and resources law frequently require practitioners to engage environmental consultants and non-lawyer subject matter experts. Lawyers often ask technical consultants to prepare reports, which can and often serve as key documents in transactional, litigation, or regulatory contexts. This session will discuss tips, tricks, and tools to employ when interacting with consultants and reviewing their work, including the limits to revising consultant work, the application of the attorney-client privilege or attorney work product doctrine to environmental reports and the consultant’s notes, as well as preparing consultants for depositions. This panel will identify common mistakes by lawyers when working with consultants and how to avoid potential pitfalls under Model Rules 1.1 (competency), 1.6 (client confidences), 3.3 (candor toward the tribunal), 4.4 (truthfulness in statements to others), 5.2 (responsibilities of a subordinate lawyer), and 5.3 (responsibilities regarding nonlawyer assistance).
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