What materials are covered by the work-product doctrine?
Generally, the work product doctrine protects documents and tangible things, such as an attorney’s statements, memoranda, correspondence, briefs, and mental impressions. A simple collection of evidence, however, “without any creative or analytic input by an attorney or his agent, does not qualify as work product.” The 1970 amendment to federal rule 26(b)(3) added language to include non-lawyers, as well as lawyers, under the work product doctrine. That language, “including the other party’s attorney, consultant, surety, indemnitor, insurer, or agent,” is now part of the Wyoming rule as well. With the addition of that language, many courts have concluded that there is no distinction between lawyer and non-lawyer work product. Thus, under insurance relationships, for example, Washington courts look to the expectations of the parties under contract to determine which documents are protected, protecting those one would objectively expect to be transferred to the attorney for a particular c
Related Questions
- What is the minimum number of review materials required in order to obtain all of the potential information covered on an examination?
- Is the work product of Chisk Law Support covered by the attorney-client privilege and the attorney work product doctrine?
- Is the transportation, manufacturing or processing of materials or equipment covered?
