what is not attorney work product

And unless the attorney-client privilege applies (which requires a communication, among other things) there may be nothing protecting those notes and thoughts. Similarly, reports and materials produced in the ordinary course of the business do not qualify as work product.

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What is attorney work product privilege?

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 …

When is the work product of an attorney not discoverable?

Fed. R. Civ. P. 26(b)(3)(A) makes it clear that documents produced by non- attorneys may also enjoy work product privilege: (A) Documents and Tangible Things. 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 party's attorney, consultant, surety, …

Can a non-lawyer write a work product report?

The Work-Product Doctrine—What Is It? The work-product doctrine is a judge-created doctrine, and as initially crafted, protected from discovery written statements, private memoranda and personal recollections prepared by an attorney in anticipation of litigation. 1 The intention was to create a zone of privacy around the attorney so as to allow the preparation and development of …

Is the work product of an attorney conditionally protected?

Aug 13, 2014 · Attorney Work-Product Protection The attorney work-product privilege is one of the three primary privileges incorporated into Exemption 5 of the Freedom of Information Act, 5 U.S.C. § 552(b)(5). It protects materials prepared by an attorney or others in anticipation of litigation, preserving the adversarial trial process by shielding materials which would disclose …

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

Are photographs attorney work product?

Additionally, the Court held the photographs were not attorney work product, as they did not contain the mental impressions of counsel, nor did the power company's attorney give any specific instruction as to what should be photographed.Oct 26, 2020

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 ...

What is protected under the work product doctrine?

In California, the work product doctrine absolutely protects from disclosure to third parties writings that contain an attorney's impressions, conclusions, opinions, or legal research or theories (Cal. Civ. Proc. Code § 2018.030(a)).

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.

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

Are depositions work product?

Most courts extend work product protection to “intangible” work product such as oral communications, deposition testimony, etc. Those courts either ignore the Rule's limited language, or rely on a shadowy common law work product protection based on Hickman v. Taylor, 329 U.S. 495 (1947).Aug 13, 2020

Can communications be work product?

Communications between lawyers and outside consultants, such as cybersecurity incident response teams and e-discovery vendors, are largely protected by the attorney work product doctrine, but may also be protected by the attorney-client privilege and court rules preventing the disclosure of communications with non- ...May 5, 2021

Are emails between lawyers discoverable?

Emails are discoverable, unless they are subject to the Attorney Client or Work Product Privilege. It is important to note that forwarding a privileged email to a party outside of the attorney client relationship will likely result in the waiver of the privilege.Jul 9, 2018