What is covered under the work product doctrine?

Published by Charlie Davidson on

What is covered under the work product doctrine?

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.

Does work product doctrine apply to non lawyers?

Under US law, communications with non-lawyers and documents prepared by non-lawyers can be protected under both the attorney-client privilege and the work product doctrine.

What is fact work product?

Fact Work Product is a tangible work product which includes facts but not an attorney’s mental impressions. Fact work product is subject to a qualified privilege. It is not allowed to discovery unless the party seeking discovery shows a substantial need for such materials. This is also known as ordinary work product.

Can work product privilege be waived?

An adversary may also obtain an attorney’s work product if the “privilege” is waived. A party can waive the privilege, however, by disclosing it to an adversary directly or if the disclosure substantially increases the chances that the work product will get into the hands of an adversary.

Is client entitled to 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.

Is the work product doctrine a privilege?

The US Supreme Court first recognized the work product doctrine in Hickman v. Taylor, 329 U.S. 495 (1947). In some ways, the work product doctrine is broader than the attorney-client privilege because its protections are not limited solely to communications or confidential matters.

What documents are protected by the work product doctrine?

In regard to the litigation requirement and the work product doctrine, the crucial phrase is “in anticipation of litigation.” The work product doctrine protects documents, notes, and other materials that were created in anticipation of litigation, but not materials that were not created for such a purpose.

Can clients waive work products?

As a general rule, parties waive attorney-client privilege when disclosing a privileged communication to a third party and waive work-product protection when sharing protected materials with an adversary. Such waivers may provide third-party litigants with an avenue to access otherwise protected files.

What is work product ownership?

Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part in Service Provider in connection with the Services shall be the exclusive property of the Client.

Who owns the 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.

Who Owns work product?

In most cases, the ownership arrangement is governed specifically by a work product clause in the employment contract. For example, the contract might contain a clause stating, “All employment-related work created by the employee in the course of the employment is property of the company”.

What is work product in law?

Material prepared in anticipation of litigation. Generally, work product is privileged, meaning it is exempt from discovery. Opinion work product is the record of an attorney’s mental impressions, ideas or strategies, and is almost never subject to discovery.

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