Q. Is it okay for the retaining lawyer to write the first draft of a report or affidavit,
or to insist it be formatted in a specific way?
Kaye:
Fellowship training teaches us how to write reports, and we are often
encouraged to stick with a traditional forensic medical report style. In
general, over the last 40 years I have followed such teaching and find
it works well, keeps me organized, and that most lawyers appreciate
and even come to rely on my easily followed chronological review of
the records provided. I find that the chronological approach makes it
easiest to tell a clear story. However, I am mindful that the retaining
lawyer is also my “customer” and so long as my opinions are not
altered or truncated, I am open to rearranging things after a
discussion of why this is desired.