What does the work product doctrine cover?
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.
Who holds the attorney work product privilege?
§ 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 difference between work product and attorney client privilege?
Decision Highlights a Key Difference Between Attorney-Client Privilege and Work Product Doctrine Protection. The attorney-client privilege provides absolute but fragile protection. In contrast, work product doctrine protection can be overcome — but offers more robust safety than the privilege.
Is a client entitled to attorney work product?
The client is entitled to all papers and property the client provided, all litigation materials, all correspondence, all items the lawyer has obtained from others, and all notes or internal memorandums that may constitute work product.
What counts as 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.
Are notes discoverable?
In California, “all discoverable reports and writing” of a retained expert must be produced upon a timely expert demand. Thus, draft reports are discoverable. An expert’s unreasonable failure to produce all discoverable reports and writings may result in the exclusion of that expert’s testimony.
Who can waive work product privilege?
A party or its attorney may waive the privilege by disclosing privileged information to a third party who is not bound by the privilege, or otherwise shows disregard for the privilege by making the information public. Bittaker v. Woodford, 331 F.
Who can assert work product?
Whoever creates work product has the right to assert the privilege – typically attorneys and their clients (or “representatives” of either). So long as it was created in anticipation of litigation and meets the other prongs of the test set out above in No. 1.
What documents are protected by the work product doctrine?
Akin, Gump, Strauss, Hauer & Feld, L.L.P. The work-product doctrine generally protects from discovery by an adverse party any materials prepared by or for a party, including by in-house counsel, in “anticipation of litigation.”
Where does the work product doctrine come from?
History. The work-product doctrine originated in the 1947 case of Hickman v. Taylor, in which the Supreme Court affirmed a United States Court of Appeals for the Third Circuit decision which excluded from discovery of oral and written statements made by witnesses to a defendant’s attorney.
Is work product part of attorney-client privilege?
Unlike the attorney–client privilege, which includes only communications between an attorney and the client, work product includes materials prepared by persons other than the attorney him/herself: The materials may have been prepared by anybody as long as they were prepared with an eye towards the realistic …
Does work product doctrine arbitration?
If a party in arbitration invokes the attorney-client privilege or the absolute work-product doctrine, an arbitrator is prohibited by California Evidence Code § 915(a) from requiring an in camera review of the documents to rule on the claim of privilege. …
