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P1116 If an expert who had a conversation with the attorney representing a party adverse to one for whom the expert is retained as a consultant remains under the control of the party who retained him and is available to testify regarding the contents of that conversation, there is no presumption that the attorney received confidential information material to the case during the conversation, and in a motion to disqualify the attorney the burden of showing that confidential information was received is on the party seeking disqualification.CitationSHANDRALINA G v HOMONCHUK (Consulted Expert) 147 CA4 395 [See: Shadow Traffic v Superior Court 24 CA4 1067, T/AT 6/94; Collins v State 121 CA4 1112, P/AT 11/04]
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