examples of what is considered attorney work product

by Gino Borer V 3 min read

An example of attorney opinion work product is an email from the attorney to their client regarding legal research and trial strategy. Opinion work product is usually given much more protection than ordinary work product and is almost never subject to discovery.

What is work product in law?

Opinion work product is the record of an attorney's mental impressions, ideas or strategies, and is almost never subject to discovery.

What is included in work product?

The work-product doctrine now encompasses “documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative,”3 and a party's representative can be its attorney, but it also can be its insurer, employee or other agent.

What is defined as 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 the difference between attorney client privilege and work product?

According to the Cornell Law School Legal Information Institute, the “attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret.” On the other hand, the Cornell Law School Legal Information Institute proclaims “the work product ...Mar 17, 2020

Is attorney work product hyphenated?

Often stated as the work-product doctrine1 or even the work-product rule. Further, some present the privilege using a hyphen, as in attorney-work product.

What is considered attorney work product California?

The attorney work product doctrine provides absolute protection to written work product that reveals an attorney's impressions, conclusions, opinions or legal research. 3. Attorney work product is defined in the governing statute as material created or derived from a lawyer's work.

What is an example of work product?

Work Product means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether ...

Are witnesses work product?

The California Supreme Court held that witness statements collected by or at the direction of an attorney constitute at least qualified work product, as a matter of law.

What is opinion work product?

Opinion work product is the mental impressions, conclusions, opinions, and/or legal theories of an attorney. An example of attorney opinion work product is an email from the attorney to their client regarding legal research and trial strategy.

Can communications be work product?

Most courts extend work product protection to “intangible” work product such as oral communications, deposition testimony, etc.Aug 13, 2020

What is protected under work product?

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 confidential work product?

Confidential Work Product means any ideas, discussions, documents, curricula, marketing information, statistical reports, or other written materials that are developed by (or on behalf of) NAMSS regarding the following matters: Sample 1.