Does the work product doctrine relate to attorney-client privilege?
Attorney work product privilege permits attorneys to withhold from production documents and other tangible things prepared in anticipation of litigation by or for another party or its representative. See: Fed.
Is work product privileged?
The US Supreme Court first recognized the work product doctrine in Hickman v. Taylor, 329 U.S. 495 (1947). In some ways, the work product doctrine is broader than the attorney-client privilege because its protections are not limited solely to communications or confidential matters.
What does the work product doctrine cover?
Protects documents and tangible things that are prepared in anticipation of litigation by (or for) another party or its representative from disclosure to third parties.
What is the legal definition of work product?
Legal Definition of work product : the set of materials (as notes), mental impressions, conclusions, opinions, or legal theories developed by or for an attorney in anticipation of litigation or for trial.
What is a work product doctrine in law?
What is an example of work product?
Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of …
What is work product in legal terms?
Opinion work product is the record of an attorney’s mental impressions, ideas or strategies, and is almost never subject to discovery.
Are attorney invoices work product?
The attorney-work product doctrine prohibits disclosure “of the mental impressions of a party’s attorney or his or her conclusions, opinions, memoranda, notes or summaries, legal research or legal theories.” Pa. R.C.P. 4003.3.
What distinguishes the two kinds of work product?
Work product is divided into two categories: ordinary and opinion. Ordinary work product is the result of gathering basic facts or conducting interviews with witnesses, and is discoverable if there is a showing of substantial need, like a witness that becomes unavailable.
Does work product have to be in anticipation of litigation?
The “anticipation of litigation” requirement is the most critical element of the doctrine for in-house counsel because it determines whether documents produced in the general counsel’s office are immune to discovery as work product or are discoverable as mere business documents prepared in the ordinary course of …
What is included in work product privilege?
The party claiming the work product privilege must prove that the materials are: 1. Documents and tangible things; 2. Prepared in anticipation of litigation or trial; and 3.