what is the difference between attorney client privilege and work product

The attorney-client privilege normally lasts forever; while, the work product doctrine may be limited to the litigation and can be terminated when the litigation ceases.

Full Answer

What is the Attorney work product doctrine?

Mar 17, 2020 · The duration of the attorney-client privilege and the work product doctrine may differ depending on the court. The attorney-client privilege normally lasts forever; while, the work product doctrine may be limited to the litigation and can be terminated when the litigation ceases.

What is attorney work product rule?

Sep 10, 2013 · Yes. However, in contrast to the attorney-client privilege, the lawyer's intent also plays a role in applying the crime-fraud exception to work product. For example, work product protection may extend to documents that were created by an innocent lawyer, even if the client was perpetrating a crime or fraud.

What is work product privilege?

May 16, 2013 · The attorney-client privilege is controlled by and is for the benefit of the client, who must consent to disclosure, while the work-product doctrine is "owned" by the attorney.

What is the definition of attorney work product?

Nov 19, 2008 · Two recent cases illustrate the very important difference between waiver analysis for attorney-client privilege and for work product protection. Because the analysis is different for each, while the attorney-client privilege has been waived, work product protection may not be, and the materials may remain protected. In United States v.

Is work product a privilege?

Generally, work product is privileged, meaning it is exempt from discovery. However, there are exceptions. Work product is divided into two categories: ordinary and opinion.

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 protected by the work product doctrine?

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.

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 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 ...

Who owns the work product privilege?

attorney§ 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.

Which of the following may not be protected under the attorney-client privilege?

Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime. Correct!

What is the importance of the work product doctrine?

Generally, the work product doctrine will shield an attorney's mental impressions, conclusions, opinions, and legal theories and thus ensure that counsel's trial strategy will not be compromised in the discovery process.

Can an email be work product?

Emails prepared in response to possible litigation were not covered by the work product doctrine because they did not involve investigation of the claim or development of legal strategy, and were not part of a coordinated defense strategy with the co-defendant.Apr 13, 2020

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 attorney work product NY?

In the New York courts, “work product” under §3101(c) is limited to materials that are “uniquely the product of an attorney's learning and professional skills.” An interview conducted by an attorney would be attorney work product, but “material prepared solely by the client at the direction of the attorney is generally ...

Is work product intellectual property?

“Work Product” shall mean all materials, data, works of authorship, concepts, presentations and reports in connection with Consultant's performance of the Services, including, without limitation, all intellectual property rights therein.

What is the meaning of Rule 501?

(g) Definitions. In this rule: (1) “attorney-client privilege” means the protection that applicable law provides for confidential attorney-client communications; and. (2) “work-product protection” means the protection that applicable law provides ...

Is Rule 502 lower case or upper case?

Rule 502 has been amended by changing the initial letter of a few words from uppercase to lowercase as part of the restyling of the Evidence Rules to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.

What is a lawyer client privilege?

1) It resolves some longstanding disputes in the courts about the effect of certain disclosures of communications or information protected by the attorney-client privilege or as work product—specifically those disputes involving inadvertent disclosure and subject matter waiver.

What is subdivision G?

Subdivision (g). The rule's coverage is limited to attorney-client privilege and work product. The operation of waiver by disclosure, as applied to other evidentiary privileges, remains a question of federal common law.

What is attorney-client privilege?

Where a defendant alleges ineffective assistance of prior trial or appellate counsel as a ground for the illegality of his conviction or sentence, he shall be deemed to waive the attorney-client privilege with respect to both oral and written communications between such counsel and the defendant to the extent the defendant's prior counsel reasonably believes such communications are necessary to defend against the allegations of ineffectiveness. This waiver of the attorney-client privilege shall be automatic upon the filing of the motion for appropriate relief alleging ineffective assistance of prior counsel, and the superior court need not enter an order waiving the privilege.

How did Eric Miller die?

Dr. Eric Miller died from arsenic poisoning ;Shortly before his death, Miller was bowling with co-workers of his wife, Ann Miller;Bowling party included Mr. Willard, who was romantically involved with Mrs. Miller;While bowling, Miller took a drink of beer that he described as “tasting funny”Miller later hospitalized and died:Upon Miller’s death, Mrs. Miller directed that the body be cremated;Mr. Willard hired an attorney, met with him, then committed suicide before being interviewed by police;According to Mrs. Willard, attorney advised Mr. Willard that he could be charged with the attempted murder of Dr. Miller;District Attorney sought an order from the Superior Court compelling Willard’s attorney to disclose his conversation with Willard.

When is a communication not confidential?

A communication is not confidential when made in the presence of another person whose presence is not essential to the communication. State v. Van Landingham, 283 N.C. 589, 602 (1973) (wife); State v. Murvin, 304 N.C. 523, 531 (1981) (aunt and friend).

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Why is it important to keep your personal information confidential?

Having your personal information kept confidential protects your right to privacy and ensures that attorneys are not only obtaining the most relevant information but ...

What is attorney client privilege?

Attorney-client privilege protects lawyers from being compelled to disclose your information to others. Many times, law enforcement officers, insurance companies, or judges try to ask attorneys for information that is disclosed to assist them in other cases or investigations. The privilege protects the client and the attorney in these instances.

Do attorneys have to keep client information confidential?

Generally, both attorney-client confidentiality and privilege must be maintained until the client gives permission for the information to be disclosed. In addition, the information will still be confidential after representation ends. In other words, attorneys are still under a duty to keep your personal information private, ...

What is work product in litigation?

It also prevents disclosure of any work-related information that an attorney creates in the course of litigation. Work- related information, also known as work product, may include notes taken during meetings or mental impressions or strategies that attorneys have documented and planned to use at trial. Attorney client confidentiality is ...

Can an attorney disclose confidential information?

Confidentiality rules provide that attorneys are prohibited from disclosing any information for privacy reasons, unless it is generally known to others. If information is known by a majority of individuals, it may lose confidentiality under the rules.

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.

Further Reading

For more on the work product doctrine, see this Florida State University Law Review article, this St. John's Law Review article, and this National Law Review article .