State v. 62.96247 Acres of Land
Superior Court of Delaware
193 A.2d 799 (1963)
The State of Delaware brought a condemnation proceeding to acquire a parcel of land (62.96247 acres) in New Castle County. In preparing for trial, the State retained an appraiser who both formed his own opinion of the property's value and assisted the State's attorney in preparing the case. The defendant landowner sought to call that State-retained appraiser as a witness and elicit both the facts he had determined and the opinions on value he had communicated to the State's attorney. The State objected that the appraiser's communications and opinions were protected by the attorney-client privilege because of his dual role as a testifying expert and litigation consultant.
Whether the privileged communications rule exists to exclude evidence which, if admitted, could promote the just outcome of litigation only at the expense of an overriding social benefit.