11:55 Welcome and Introductions
12:00 Using Experts in Fiduciary Litigation
Kimberly J. "Kim" Kirk, Johnston Allison & Hord PA, Charlotte
When is expert discovery useful and admissible? How do the 2018 revisions to Rule 26 of the North Carolina Rules of Civil Procedure affect expert discovery? What factors should you consider when deciding whether to have your expert prepare a report? This session dives into areas and uses of experts in fiduciary litigation and considerations when going into expert depositions, including issues arising from subpoenas and objections thereto. Review the scope of work product protection and how and when documents must be produced, explore cost-shifting options, and identify venue distinctions via a comparison of expert discovery protocol in federal court, North Carolina Superior Court, and proceedings before the Clerk of Court.
1:00 Adjourn
Thank you for joining us for Using Experts in Fiduciary Litigation!
The rules governing expert discovery are less than clear, and from subpoena service issues to work product scope, potential pitfalls are prevalent.
This CLE addresses both technical areas of expert discovery, as well as appropriate uses of experts in the fiduciary litigation context.
Kimberly J. "Kim" Kirk is a partner in the litigation group at Johnston Allison & Hord PA in Charlotte. She concentrates her practice on complex commercial and fiduciary disputes, often representing high net worth individuals, national nonprofits, trustees, executors, and expectant beneficiaries. Kim regularly handles cases involving will contests, elective share claims, fiduciary liability, power-of-attorney abuse, and contested trust modifications. In addition to fiduciary and probate litigation, Kim also represents clients in a variety of complex commercial disputes. These include multi-party construction defect cases and post-employment restrictive covenant disputes.
Kim is a member of the Litigation Section and a council member for the Estate Planning & Fiduciary Law Section of the North Carolina Bar Association. She is currently Co-Chair of the Fiduciary Litigation Committee and is a co-author of the "Tortious Interference with Inheritance" chapter of the North Carolina Fiduciary Litigation Manual.
Kim received her B.A. from the University of Michigan and her J.D. from the University of North Carolina at Chapel Hill School of Law.
Click here for more information about Kim.