work product


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work product

n. the writings, notes, memoranda, reports on conversations with the client or witness, research, and confidential materials which an attorney has developed while representing a client, particularly in preparation for trial. A "work product" may not be demanded or subpenaed by the opposing party, as are documents, letters by and from third parties and other evidence, since the work product reflects the confidential strategy, tactics and theories to be employed by the attorney.

References in periodicals archive ?
6) Provide a task-by-task recommendation for the monetary value of the work product completed pursuant to the TOR with corresponding justification;
These work products would serve as the metrics for evaluating faculty performance.
They should therefore be evaluated according to how their work products align with their chosen pursuits.
The work product doctrine was created to prevent access to the opposition's files and allow mental impressions to remain confidential.
The work product doctrine under Rule 26(b)(3) of the Federal Rules of Civil Procedure generally provides that a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial (see also Hickman v.
The attorney work product doctrine shields from discovery documents prepared by an attorney during litigation, or in anticipation of litigation.
Florida courts, consistent with the federal rule, recognize that work product can take two forms: 1) "opinion work product," which consists of "the attorney's mental impressions, conclusions, opinions and theories concerning litigation"; and 2) "fact work product," which consists of "information which relates to the case and is gathered in anticipation of litigation.
The work product doctrine protects materials that are collected or prepared in anticipation of litigation unless the adverse party can demonstrate that the materials are indispensable to the party's case and there are no other means of obtaining them.
Day Pitney Partner John Maloney says it's important to put a legend in all emails "that says this particular communication is protected by the attorney-client privilege or/and the work product doctrine, so that months or years from now when the question comes up, at least at first blush there's a legend that reminds whoever's doing the reviewing that this is a communication that can be claimed to be privileged.
Part II analyzes the Deloitte decision's effect on what constitutes work product, and Part III discusses the decision's effect on work-product waiver.
A split has developed among the circuit courts on the scope and application of the work product doctrine as it applies to dual-purpose documents.
While granting broad protection, the work product doctrine does not protect "[m]aterials assembled in the ordinary course of business, or pursuant to public requirements unrelated to litigation.