What Is the 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. The work product doctrine is limited, and work product may be discoverable, if the other litigant demonstrates that the facts are necessary to substantiate the claim and they have no other means of obtaining such information without suffering undue hardship. There are many things that fall under the scope of the attorney work product doctrine. They could be inter-office memoranda, briefs, written notes by an attorney regarding the case, and even voice-recorded notes made in preparation of the case. The protection under the work product doctrine also extends to paralegals, secretaries, and other non-attorney parties who are acting within the control of the attorney handling the case.
Related Questions
- Is the work product of Chisk Law Support covered by the attorney-client privilege and the attorney work product doctrine?
- Why would the Exposure Draft erode the protections of the attorney-client privilege and work product doctrine?
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