In the event of a dispute arising out of the terms of this agreement, the winning party must recover its reasonable attorneys` fees. Since such a range of information can be found under current legislation, it is important, if not, to maintain confidentiality where possible. The retention agreement should stipulate that any communication between the expert and the lawyer is confidential and should not at any time be disclosed by the expert during or after the remedy of the case. Similarly, the agreement should stipulate that the expert returns all documents containing confidential information or protected work products of the lawyer once the dispute is closed. When an expert is appointed as a witness, all written communications — emails, notes, draft reports — are generally detectable in accordance with Rule 26 of the Federal Rules of Civil Procedure, its equivalent, Rule 16 of the Federal Rule of Criminal Procedure, and in all public jurisdictions that have adopted similar rules. . . .