OTA Dispatch Issue 1 2020

26 Oregon Trucking Associations, Inc. Oregon Truck Dispatch attorney work product protections. Oregon and virtually every other state recognize that experts, investigators, etc., who are retained by attorneys to assist in the attorney’s representation of a client fall within those legal privileges. (See Oregon Evidence Code Rule 503; see also Oregon Rule of Civil Procedure 36 B(3)(a).) Consequently, the work product of the expert or investigator is typically (with some minor exceptions) not subject to disclosure to an adverse claimant/ plaintiff and his or her lawyer. In contrast, the work product of an expert or investigator hired directly by an insurer or company is usually subject to disclosure. As a result, damaging information such as unfavorable admissions by a driver during an internal interview or negative findings by an expert, can be accessed by the opposing side. The bottom line, to apply another well- worn adage, is that “an ounce of prevention is worth a pound of cure.” Even if a serious accident never generates a significant claim or lawsuit, it is far better to spend the time and effort while events and evidence are still fresh to proactively protect your company’s interests than to find out months or years later that valuable, helpful evidence was not obtained or preserved. Promptly contacting a defense firm such as ours, which employs the “rapid response” approach to serious accidents even on weekends or in the wee hours of the morning, typically will pay huge dividends down the road.  Bob Barton is a senior shareholder and veteran trial attorney at the Portland law firm of Bullivant Houser Bailey, PC, and has defended several trucking and transportation companies in catastrophic injury accident and wrongful death cases in Oregon and Washington for several years. “Fustest with the Mostest”, cont.