attorney's work product

(redirected from Work-product doctrine)
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attorney's work product

n. written materials, charts, notes of conversations and investigations, and other materials directed toward preparation of a case or other legal representation. Their importance is that they cannot be required to be introduced in court or otherwise revealed to the other side. Sometimes there is a question as to whether documents were prepared by the attorney and/or the client for their use in the case preparation or are documents which are independent and legitimate evidence. (See: attorney-client privilege, work product)

References in periodicals archive ?
The two primary grounds for such protection are the attorney-client privilege and the derivative and more recent attorney work-product doctrine.
Boehringer, meanwhile, contends that the FTC's approach would "eviscerate the attorney-client privilege and further undermine the work-product doctrine as they pertain to the work of in-house counsel.
Second, entities do not have to provide information protected by attorney-client privilege or the attorney work-product doctrine.
Additionally, the work-product doctrine protects information and documents prepared "in anticipation" of litigation.
The Court of Chancery, in its Final Order and Judgment, required Wal-Mart to produce documents to supplement the approximately 3,000 previously furnished for inspection, including documents privileged or protected by the work-product doctrine.
at 239-410 ("Respondent can no more advance the work-product doctrine to sustain a unilateral testimonial use of work-product materials than he could elect to testify in his own behalf and thereafter assert his Fifth Amendment privilege to resist cross-examination.
For example, as Edna Selan Epstein notes in The Attorney-Client Privilege and the Work-Product Doctrine, work product protection for client documents is waived when the documents are disclosed to an adversary or potential adversary or where disclosing the document to corporate advisers substantially increases the opportunity for potential adversaries to obtain the information.
In essence, the court asserted that neither the attorney-client privilege nor the work-product doctrine applied to reports prepared by outside counsel because the reports were created before the insurers made a "firm decision" to either approve or deny the claim, which involved $5 million in property damage and another $65 million in business interruption (BI) losses.
This means that a memo an accountant drafts in preparation for litigation may be protected by the work-product doctrine but not the communications the attorney had with the accountant regarding the project.
The work-product doctrine is a qualified immunity that prevents documents and tangible things prepared by a party or the attorney for trial from being produced during discovery.