Everyone likes bright-line rules that spell out what conduct is or is not permitted. After all, these types of rules make things easy. Or, at least, they supposedly do.

That is why the equally divided Pennsylvania Supreme Court’s recent decision in Barrick v. Holy Spirit Hospital, 2014 Pa. LEXIS 1111, which affirms the Superior Court decision that essentially precluded the discovery of all communications between attorneys and expert witnesses, should make attorneys and experts happy. Right?