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What the Rules giveth (in the form of protection to scientists) the trial judges usually taketh away, in response to motions to have full discovery of expert witnesses and documents. The theory advanced by most of these judges is that in large complex cases, in order not to unduly drag out the trial, it is essential to have the parties do the exploratory questioning prior to trial. It must be remembered that most civil litigation in the United States is between two private parties and may involve one or two experts at the most. The scientist is likely to appear, if at all, in a major suit or hearing in which a dozen or more experts will testify. In such situations it is unlikely that discovery will be restricted. Are any materials privileged and not subject to disclosure? Increasingly the answer is: virtually none. Memos between researchers in a laboratory, draft reports, memos of telephone calls, and letters have all been held to be discoverable. Only three very limited categories of documents are privileged. These are the "interagency and intra-agency communications privilege," the "attorney-client privilege," and the "work product privilege," which may come into play in regard to government documents. EXECUTIVE PRIVILEGE: COMMUNICATIONS The latter is a modified "executive privilege" rule and is a qualified, not absolute, privilege. To fall within this privilege, the material in question must consist of documents internal to or between governmental agencies reflecting "advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated." (Carl Zeiss Stiftung v. V.E.B. Carl Zeiss, Jeana, 40 F.R.D. 318, 324 [D.D.C. 19661, aff'd, 384 F.2d 979, cert. denied, 389 U.S. 952 [1967]). The deliberations must be prior to a decision having been made. Otherwise, the material is considered part of the public record. Factual material, in contradistinction to advisory or deliberative matter, is not privileged. (E.P.A. v. Mink, 410 U.S. 73 [1973]). Information coming from outside the government, even if advisory, is not privileged. (Boeing Airplane Co. v. Coggeshall, 380 F.2d 654 [C.D.C. 1960]). Memoranda lose their privileged status if the agency, in announcing its decision, specifically refers to otherwise privileged memoranda as a basis for the decision. This privilege is still applied, although under increasing pressure to permit broader discovery. ATTORNEY-CLIENT PRIVILEGE The attorney-client privilege includes government attorneys. This is an absolute privilege. The information in question must be confidential and communicated by the client to his attorney away from the presence of strangers for the purpose of obtaining legal advice or legal assistance from the 9