What is considered work product in California?
The statute does not define “work product.” Courts have considered the issue on a case-by-case basis and have generally concluded that only “derivative” or “interpretive” material, that is, “material created by or derived from an attorney’s work reflecting the attorney’s evaluation of the law or facts,” qualifies as …
Is a client entitled to attorney work product in California?
As one court noted, “California has two conflicting absolutes, the absolute right of a client to his attorney’s work product, and the absolute right of an attorney to protect his or her impressions, conclusions, opinions, and legal research or theories from disclosure.” (Metro-Goldwyn-Mayer, Inc.
Who does the work product privilege belong to?
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.
Is work product an absolute privilege?
In other words, the work product doctrine provided absolute protection from discovery — because plaintiff could not overcome it. Lawyers should always keep both the privilege and work product protections in mind.
Are witness statements work product?
The California Supreme Court held that witness statements collected by or at the direction of an attorney constitute at least qualified work product, as a matter of law.
Can you waive work product?
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.
What constitutes work product doctrine?
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.
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.”
What is protected by the work product doctrine?
Protects documents and tangible things that are prepared in anticipation of litigation by (or for) another party or its representative from disclosure to third parties.
Are witness statements discoverable in California?
At the outset, employers should be sure that their investigations are attorney-directed for work product protection to apply at all. Even then, recorded witness statements remain discoverable. Thus, employers must evaluate whether, and to what extent, they will incorporate attorney impressions into such interviews.
Are witness statements protected by work product?
Unlike interviews taken with an attorney’s own client, however, the statements of percipient witnesses (not the attorney’s client) will not be protected by the attorney-client privilege. Instead, such statements are afforded protection under the attorney work product doctrine.
What constitutes work product?
1. Documents and tangible things; 2. Prepared in anticipation of litigation or trial; and 3. By or for the party or by or for the party’s representative.
What are California chief products?
California ranks as the highest producer of economic goods and services. The most widely grown crops in California are grapes, strawberries, oranges and cotton, while dairy products are the most important commodities in the state.
What is a product doctrine?
Work Product Doctrine Protects documents and tangible things that are prepared in anticipation of litigation by (or for) another party or its representative from disclosure to third parties.
What is work product rule?
(b) Inadvertent Disclosure.
What is attorney client work product doctrine?
attorney–client privilege, the work-product doctrine is not concerned with protecting client’s confidential information. Its purpose is to protect the mental processes of the attorney, client, and their representatives, resulting in a safe area to analyze and prepare a case. The work-product doctrine is also broader.