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.
Is work product part of attorney-client privilege?
The protection accorded attorney work product is technically not a “privilege.” However, the protection is much broader than the attorney-client privilege. Work product often overlaps with privileged communications, confidential information, and information subject to client privacy rights.
What is the legal definition of work product?
Material prepared in anticipation of litigation. Generally, work product is privileged, meaning it is exempt from discovery. Opinion work product is the record of an attorney’s mental impressions, ideas or strategies, and is almost never subject to discovery.
Why is work product privilege important?
In American civil procedure, the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel.
Is attorney-client privilege a law?
THE PRIVILEGE: CLOSING THOUGHTS While the attorney-client privilege is firmly established as a legal doctrine that protects confidential communications between lawyers and their clients, its application is not absolute.
Can the attorney-client privilege be waived?
Unlike a client’s constitutional rights, which can only be intentionally and knowingly waived, the attorney-client privilege may be waived by a careless, unintentional or inadvertent disclosure.
What is attorney client work product doctrine?
The attorney work product doctrine is a concept within civil procedure that protects any attorney’s work product from discovery by the other litigant. Work product is defined as any tangible materials or their intangible equivalent prepared by an attorney in the anticipation and preparation for litigation.
What is attorney work product rule?
Work product rule is a principle that provides qualified immunity to the work product of an attorney from discovery or other compelled disclosure. The standard was set in the case, Hickman v. Taylor, 329 U.S. 495 (U.S. 1947). The rule was primarily established to protect an attorney’s litigation strategy. The rule is codified at Fed. R. Civ.
What are the exceptions to the attorney client privilege?
Death of a Client. The privilege may be breached upon the death of a testator-client if litigation ensues between the decedent’s heirs,legatees or other parties claiming under the deceased
What is the work product doctrine?
In American civil procedure, the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel. It is also known as the work-product rule, the work-product immunity, and the work-product exception.