Does work product doctrine apply to non lawyers?

Does work product doctrine apply to non lawyers?

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.

What is included in work product?

The general rule is that legal research, records, correspondence, reports, or memoranda are attorney work product to the extent that they contain the opinions, theories, strategies, mental impressions, or conclusions of the client, the attorney, or persons participating in the case with the attorney, such as a jury …

Are emails considered 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 …

Is the work-product doctrine a privilege?

Technically, the attorney work product doctrine is not a privilege enumerated in Evidence Code section 900 et. In certain circumstances the client can assert work product protection if the attorney is not present to claim it. Fellows v. Superior Court (1980) 108 Cal.

What is ordinary work product?

Ordinary work product is the result of gathering basic facts or conducting interviews with witnesses, and is discoverable if there is a showing of substantial need, like a witness that becomes unavailable.

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.

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.

What is the work product privilege in law?

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.

When are materials otherwise discoverable under Rule 26 ( B )?

But, subject to Rule 26 (b) (4), those materials may be discovered if: (i) they are otherwise discoverable under Rule 26 (b) (1); and (ii) the party shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means. (B) Protection Against Disclosure.