work product doctrine elements

The work product doctrine protects statements reports notes and other materials prepared by the criminal defense attorney in anticipation of or during litigation. The immunity is qualified in that it is subject to discovery by the opposing party upon a special showing of undue hardship or injustice.

Elements of Work-Production Protection.

. Compilations of selected documents constitute work product. A Virginia-Specific Summary Guide. This paper begins with a brief review of the basics of the attorney-client privilege and the work product doctrine.

Litigation need only be imminent and includes actions such as grand jury proceedings investigations and administrative actions. 65 it is a qualified exemption that must yield in the face of necessity 66 Work product receives conditional. Maintaining the privacy of communications between client attorney and others employed in preparing for litigation especially privacy in the development of legal theories opinions and strategies-the doctrine.

Examples of work product. Attorney-client privilege and the work product doctrine. The writings notes memoranda reports on conversations with the client or witness research and confidential materials which an attorney has developed while representing a client particularly in preparation for trial.

Documents or tangible things. Below is a brief outline of the key elements of the attorney-client privilege and the attorney work- product doctrine both of which often provide essential protection for providers confidential communications during discovery. It then examines how those protections have been applied in the context of internal investigations focusing on ways in which one could preserve or lose the protections.

Who can produce work product. However under Rule 26 b 3 of the Federal Rules of Civil Procedure an adverse party may discover or compel disclosure of work. The Attorney-Client Privilege and the Work Product Doctrine is designed to help Virginia practitioners understand general attorney-client and work product concepts with a specific focus on Virginia law addressing those evidentiary protections.

And 3 the work product doctrine is more robust than the privilege so disclosing work product. Work product protection has three required elements including. The work product doctrine protection rests on three elements.

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. 06302010 1 Attorney-Client Privilege and Work Product Doctrine Attorney-Client Privilege Elements. During the course of representation.

A Documents and Tangible Things. Most lawyers attention focuses on the second element whether their clients reasonably anticipate litigation. Elements of the Work Product Doctrine.

The work product doctrine is designed to encourage careful and thorough trial preparation by the lawyer. A work product may not be demanded or subpenaed by the opposing party as are documents letters by and. 110 Protected Content.

Courts have held that intentionally sharing work product with family affiliated companies PR consultants insurance brokers potential investors or acquiring company investment bankers business allies through a compelled disclosure process andor to other similar persons entities or consultants does not waive the work product privilege. Ordinarily a party may not discover documents and tangible things that areprepared in anticipation of litigation or for trial by or for another party or its representative including the other partys attorney consultant surety. 1 anyone not just lawyers or clients can create protected work product if motivated by anticipated litigation.

The work product doctrine states that an adverse party generally may not discover or compel disclosure of written or oral materials prepared by or for an attorney in the course of legal representation especially in preparation for litigation. A brief excerpt from Quimbees tutorial video on the purpose of the work product doctrine and its elements and also refer to Federal Rule of Civil Procedure. Materials prepared in anticipation of litigation or trial.

However the work product doctrine is also narrower than the attorney-client privilege because its protections extend only to documents and other tangible things that are prepared in anticipation of litigation. For more information on the anticipation element of the work product doctrine see Practice Note Work Product Protection. Motivation Element In addition to satisfying the litigation and anticipation elements of the work product doctrine those seeking work product protection must also prove that the documents at issue were motivated by the.

BASIC ELEMENTS Attorney-Client Privilege Attorney Work-Product Doctrine Introduction. The three basic work product elements are litigation discussed in Chapter 36 anticipation discussed in Chapter 37 and motivation discussed in Chapter 38. The work product doctrine is a qualified immunity from the discovery of an attorneys written statements private memoranda and personal recollections that are made in anticipation of litigation.

Exceptions and waiver of the work product doctrine. Work Product Doctrine Attorney-Client Privilege Elements Legal advice of any kind is sought From a professional legal advisor in that capacity Communications made for that purpose In confidence By the client At the clients instance permanently protected Unless privilege is waived Attorney-Client Privilege Purpose. 2 the work product doctrine can protect such disparate items as documents accident scene pictures translations collections of newspaper articles etc.

The Superior Court had jurisdiction over these questions of law based on the collateral order doctrine contained in Pennsylvania Rule of Appellate Procedure. In normal civil or criminal litigation the first element presents an easy analysis. In contrast the work product doctrine is not so much a privilege as it is an exemption for material prepared by or for the attorney of a party in anticipation of litigation 64 The purpose of the work product doctrine is to protect the attorneys privacy during preparation for trial.

A condensed version of this book focused on Virginia-specific issues. It is broader because. It is also known as the work-product rule the work-product immunity the work-product exception and the work-product privilege though there is debate about whether it is truly a privilege This doctrine does not apply in other countries.

The primary policy objective of the work-product doctrine is to preserve the effective assistance of attorneys and others employed to help prepare a case for trial. What constitutes work product. Who can invoke the protections of the work product doctrine.

Each of these cases involved the application of the attorney-client privilege or the work-product doctrine involving questions of law over which the Superior Court exercised de novo review. In American civil procedure the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel. Chapters 39 through 42 address work products content.

Elements of work product doctrine. Legal advice of any kind is sought From a professional legal advisor in that capacity Communications made for that purpose In confidence By the client At the clients instance permanently protected Unless privilege is waived. 26b3A makes it clear that documents produced by non- attorneys may also enjoy work product privilege.

Documents Reviewed Before Testimony Protected Work Product

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What Is A Privilege A Privilege Is A Relationship Between A Witness And The Subject Of Potential Testimony Whether That Subject Be A Person Or Something Ppt Download