Does work product doctrine only apply to lawyers?
First, the California rule is more expansive. It affords the work product protection to any document prepared by an attorney in connection with his or her work as an attorney, regardless of whether litigation is contemplated.
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.
Do companies have to turn over privileged information in an FCPA investigation?
This is particularly true for companies that conduct investigations while cooperating with the government on issues related to the FCPA. The privilege, and to a lesser extent the work-product doctrine, generally require confidentiality.
Does attorney work product belong to the client?
Who holds the protections for work product? Like attorney-client privilege, the protections for work product belong to the client and secrecy is an obligation incumbent on the attorney from which the client may release the attorney (see question 7).
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.
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.
How do I mark a document attorney client privilege?
In written communications: Mark all privileged communications as “Confidential” and “Attorney-Client Privileged” or “Attorney Work Product,” as applicable. Prominent and consistent designations are critical. In any litigation, the attorney reviewing the document must be able to recognize the document as privileged.
Who can assert work product protection?
Is work product part of the client file?
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.
Can an email 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 …
Can work product privilege be waived?
Unlike the attorney-client privilege, it’s actually difficult to waive the work product privilege. 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.
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.
What was the court’s ruling on the work product doctrine?
Taylor, 329 U.S. 495 (1947). The Court clarified that the work product doctrine is a rebuttable presumption. Specifically, the Court clarified that there is a presumption that an adverse party may not have access to materials prepared by a party’s lawyers in anticipation of litigation.
What does work product mean in the law?
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.
Is the work product doctrine a rebuttable presumption?
The Court clarified that the work product doctrine is a rebuttable presumption. Specifically, the Court clarified that there is a presumption that an adverse party may not have access to materials prepared by a party’s lawyers in anticipation of litigation.
Can a court protect against disclosure of work product?
The rule then goes on to provide that with respect to the mental impressions, conclusions, opinions, or legal theories of an attorney (opinion work product), “the court shall protect against disclosure.”