what is attorney client privilege and attorney work product

The attorney–client privilege only includes communications between the attorney and the client (and their representatives when they are acting on behalf of the parties); whereas, work-product privilege includes materials collected by the attorney such as interrogatories, signed statements, other information acquired for the prosecution or defense of a case.

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What is considered attorney work product?

Sep 10, 2013 · The attorney-client privilege and work product doctrine are powerful weapons in a litigator's arsenal. They are often the primary means for preventing the disclosure of highly sensitive and potentially damaging documents in litigation. The attorney-client privilege and work product doctrine share many similarities.

What is the Attorney work product doctrine?

Mar 17, 2020 · At first glance, you may think the attorney-client privilege and the work product doctrine are interchangeable and govern the same exact scope of information, but that is not the case. 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 …

What is protected by attorney client privilege?

Work Product? Attorney Client Privilege: the be lief that only “full and frank” communications between attorney a nd client allow the attorney to provide the best counsel…benefits out-weighing the risks of truth-finding posed by barring full disclosure in court… In re Death of Miller, 357 NC at 329. Work Product: “discovery was hardly intended to enable a learned

How not to waive the attorney client privilege?

Attorney-Client Privilege and 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 client’s instance permanently protected • Unless privilege is waived Attorney-Client Privilege Purpose

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 the work product doctrine part of the attorney-client privilege?

6 Federal privileges are governed by the principles of common law, except as otherwise required by the U.S. Constitution, federal statute, or rules prescribed by the Supreme Court. The most common privilege is the attorney-client privilege. The most common privilege doctrine is the work-product doctrine.Mar 11, 2021

Is work product a privilege?

Generally, work product is privileged, meaning it is exempt from 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.

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 is the meaning 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 the difference between attorney-client privilege and confidentiality?

The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle.

What does the work product privilege protect?

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. R. Civ.

Is work product admissible?

Superior Court (2012) 54 Cal. 4th 480, the courts have determined that witness statements obtained by attorneys or their agents are work product. If an attorney's notes or impressions are “inextricably intertwined” with that statement, then the statement is treated as absolutely protected under section 2018.030(a).

What is a work product example?

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 ...

How do you produce work product?

In order to get at fact work product, a party must show both substantial need and the inability to obtain the substantial equivalent by other means (e.g., a deposition).Jun 5, 2019

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