what is an attorney work product?

Attorney work product refers to work that an attorney has done on a given case. The concept is important in litigation when the process of discovery is taking place. Discovery refers to the sharing of information between adverse parties in a lawsuit.

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What is the Attorney work product doctrine?

Overview. 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. However, under Rule 26 (b) (3) of the Federal Rules of Civil Procedure , an adverse party may discover or compel disclosure of work …

What does work product mean in law?

Attorney work product is documents and other tangible things prepared in anticipation of litigation by or for a party or representative . See: Fed. R. Civ. P. § 26 (b) (3); and Hickman v. Taylor, 329 U.S. 495 (1947). There are two categories of attorney work product:

What is the definition of attorney work product?

attorney's work product n. written materials, charts, notes of conversations and investigations, and other materials directed toward preparation of a case or other legal representation. Their importance is that they cannot be required to be introduced in …

What is attorney work product privilege?

Feb 04, 2022 · Date: February 04, 2022 An attorney work product can include lists of written questions, an analysis of the case, the attorney's notes, or anything else put forward that gives insight into the strategy of the case. Attorney work product refers to work that an attorney has done on a given case. The concept is important in litigation when the process of discovery is …

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 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 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

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.

Where does the work product doctrine come from?

The work-product privilege or doctrine1 originated in the seminal case of Hickman v. Taylor, 329 U.S. 495, 67 S. Ct. 385 (1947, in which the U.S. Supreme Court held that statements of witnesses obtained by an attorney prior to trial were privileged and thus protected from discovery.Jul 7, 2021

Who holds the work product privilege?

Proc. § 2018.030. Even though the attorney client privilege and the work product doctrine are similar in many ways, the holders of these privileges are distinct. Rather than the client, the attorney is the holder of work product protection.

What do attorneys protect products?

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.

Can emails be work product?

privilege,” including “mere transmittal communications” and “communications dealing with merely administrative, logistical, or scheduling matters” Ultimately, the District Court concluded that “only a portion of the emails submitted for in camera review constitute protected work product.” The District Court's order ...Apr 25, 2017

Can clients create work product?

The client and any of its representatives (whether or not lawyers) can create work product. ... File memos and other uncommunicated documents may qualify for work product protection if they were prepared in anticipation of litigation, and their creation was motivated by the litigation.Sep 10, 2013

Is attorney work product hyphenated?

A privilege that shields from discovery, the private notes or other documents of a lawyer as she or he, or their agents, prepare in the context of a matter considered for litigation. Further, some present the privilege using a hyphen, as in attorney-work product. ...

What is attorney work product NY?

Hickman v. Taylor, 329 U.S. 495 (1947). The work product of an attorney includes material produced and obtained by an attorney in his or her professional capacity and with the use of his or her professional skills involving legal reasoning, legal research, analysis, conclusions, legal theory, and strategy.

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.