Work Product Doctrine - Revision history

Ibjadmin: /* United States */

2010-08-06T15:42:15Z

United States

← Older revision		Revision as of 17:42, 6 August 2010
Line 27:		Line 27:
	=Examples of the Work Product Doctrine=		=Examples of the Work Product Doctrine=
	==United States ==		==United States ==
	Work ~~Product DOctrine~~ is described in [[Federal Rules of Evidence - Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver \| Federal Rule of Evidence 502]] which is binding on all Federal Courts in the United States.		Work product doctrine is described in [[Federal Rules of Evidence - Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver \| Federal Rule of Evidence 502]] which is binding on all Federal Courts in the United States.

	----		----

Ibjadmin: /* Examples of Work Product Doctrine */

2010-08-06T15:42:01Z

Examples of Work Product Doctrine

← Older revision		Revision as of 17:42, 6 August 2010
Line 25:		Line 25:
	#identity of individuals with knowledge		#identity of individuals with knowledge

	=Examples of Work Product Doctrine=		=Examples of the Work Product Doctrine=
	==United States ==		==United States ==
	Work Product DOctrine is described in [[Federal Rules of Evidence - Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver \| Federal Rule of Evidence 502]] which is binding on all Federal Courts in the United States.		Work Product DOctrine is described in [[Federal Rules of Evidence - Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver \| Federal Rule of Evidence 502]] which is binding on all Federal Courts in the United States.

Ibjadmin: /* Federal Rules of Evidence */

2010-08-06T15:41:46Z

Federal Rules of Evidence

← Older revision		Revision as of 17:41, 6 August 2010
Line 26:		Line 26:

	=Examples of Work Product Doctrine=		=Examples of Work Product Doctrine=
	==~~Federal Rules of Evidence~~==		==United States ==
	Work Product DOctrine is described in [[Federal Rules of Evidence - Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver \| Federal Rule of Evidence 502]]		Work Product DOctrine is described in [[Federal Rules of Evidence - Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver \| Federal Rule of Evidence 502]] which is binding on all Federal Courts in the United States.

	----		----

Ibjadmin at 15:41, 6 August 2010

2010-08-06T15:41:16Z

← Older revision		Revision as of 17:41, 6 August 2010
Line 25:		Line 25:
	#identity of individuals with knowledge		#identity of individuals with knowledge

			=Examples of Work Product Doctrine=
			==Federal Rules of Evidence==
			Work Product DOctrine is described in [[Federal Rules of Evidence - Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver \| Federal Rule of Evidence 502]]

	----		----

Ibjadmin: /* Elements of the Work Product Doctrine */

2010-08-06T14:16:46Z

Elements of the Work Product Doctrine

← Older revision		Revision as of 16:16, 6 August 2010
Line 16:		Line 16:
	Work product can generally be classified as two types:		Work product can generally be classified as two types:
	#'''Absolute Work Product''' - This type of work product involves the thoughts, impressions or strategies of a defense attorney. This is generally not discoverable and these materials are afforded heightened protection.		#'''Absolute Work Product''' - This type of work product involves the thoughts, impressions or strategies of a defense attorney. This is generally not discoverable and these materials are afforded heightened protection.
	#'''Qualified Work Product''' - This kind of material may contain certain impressions that are not the attorneys. For instance, expert reports may be considered "Qualified ~~WOrk~~ Product'''. This material is generally not discoverable unless the court determines that denial of discovery will:		#'''Qualified Work Product''' - This kind of material may contain certain impressions that are not the attorneys. For instance, expert reports may be considered '''Qualified Work Product'''. This material is generally not discoverable unless the court determines that denial of discovery will:
	##Unfairly prejudice party seeking discovery in preparing its claim or defense or		##Unfairly prejudice party seeking discovery in preparing its claim or defense or
	##Will result in an injustice		##Will result in an injustice

Ibjadmin at 14:09, 6 August 2010

2010-08-06T14:09:23Z

← Older revision		Revision as of 16:09, 6 August 2010
Line 1:		Line 1:
	=Background=		=Background=
	In order for the defense attorney to form a bond of trust with the client, the defense attorney must maintain confidential all communications with the client. The work product doctrine is one of two theories by which the confidentiality of communications with the client is protected. The second doctrine is the [[Attorney-Client Privilege \| attorney-client privilege]]		In order for the defense attorney to form a bond of trust with the client, the defense attorney must maintain confidential all communications with the client. The work product doctrine is one of two theories by which the confidentiality of communications with the client is protected. The second doctrine is the [[Attorney-Client Privilege \| attorney-client privilege]]


	=Elements of the Work Product Doctrine=		=Elements of the Work Product Doctrine=

Ibjadmin: /* Elements of the Work Product Doctrine */

2010-08-06T14:09:11Z

Elements of the Work Product Doctrine

← Older revision		Revision as of 16:09, 6 August 2010
Line 9:		Line 9:
	The United States Supreme Court put forth this rationale for the work product doctrine:		The United States Supreme Court put forth this rationale for the work product doctrine:

	<blockquote>"[The Work Product Doctrine] is essential that a lawyer work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel. Proper preparation It of a client's case demands that he assemble information, sift what he considers to be the relevant go from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference.... This work is reflected of course, be in interviews, statements, memoranda, correspondence, briefs, mental impressions, personal beliefs, and countless other tangible and intangible ways. . . .Were such materials open to opposing counsel on mere demand, much of what is now put down in writing would remain unwritten. An attorney's thoughts, heretofore inviolate, would not be his own. Inefficiency, unfairness and sharp practices would inevitably develop in the giving of legal advice and in the preparation of cases for trial. The effect on the legal profession would be demoralizing. And the interests of the clients and the cause of justice would be poorly served." ~~</blockquote>~~<Ref>[[Hickman v. Taylor, 329 U.S. 495 (1947)]]</ref>		<blockquote>"[The Work Product Doctrine] is essential that a lawyer work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel. Proper preparation It of a client's case demands that he assemble information, sift what he considers to be the relevant go from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference.... This work is reflected of course, be in interviews, statements, memoranda, correspondence, briefs, mental impressions, personal beliefs, and countless other tangible and intangible ways. . . .Were such materials open to opposing counsel on mere demand, much of what is now put down in writing would remain unwritten. An attorney's thoughts, heretofore inviolate, would not be his own. Inefficiency, unfairness and sharp practices would inevitably develop in the giving of legal advice and in the preparation of cases for trial. The effect on the legal profession would be demoralizing. And the interests of the clients and the cause of justice would be poorly served."<Ref>[[Hickman v. Taylor, 329 U.S. 495 (1947)]]</ref></blockquote>

	The work product doctrine is typically raised as a defense to a request for discovery from an opposing party such as the prosecutor or a collateral plaintiff in a civil action.		The work product doctrine is typically raised as a defense to a request for discovery from an opposing party such as the prosecutor or a collateral plaintiff in a civil action.

Ibjadmin: /* Elements of the Work Product Doctrine */

2010-08-06T14:08:52Z

Elements of the Work Product Doctrine

← Older revision		Revision as of 16:08, 6 August 2010
Line 7:		Line 7:
	The work product doctrine protects statements, reports, notes, and other materials prepared by the criminal defense attorney in anticipation of, or during, litigation. Litigation need only be imminent and includes actions such as grand jury proceedings, investigations and administrative actions. <Ref>In re Grand Jury Proceedings, 867 F.2d 539 (9th Cir. 1989) (grand jury investigation) and In re Sealed Case, 676 F.2d 793 (D.C.Cir. 1982) (SEC and IRS investigations)</ref>		The work product doctrine protects statements, reports, notes, and other materials prepared by the criminal defense attorney in anticipation of, or during, litigation. Litigation need only be imminent and includes actions such as grand jury proceedings, investigations and administrative actions. <Ref>In re Grand Jury Proceedings, 867 F.2d 539 (9th Cir. 1989) (grand jury investigation) and In re Sealed Case, 676 F.2d 793 (D.C.Cir. 1982) (SEC and IRS investigations)</ref>

	The United States Supreme Court put forth this rationale for the work product doctrine ~~in [[Hickman v. Taylor, 329 U.S. 495 (1947)]]~~:		The United States Supreme Court put forth this rationale for the work product doctrine:

	<blockquote>"[The Work Product Doctrine] is essential that a lawyer work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel. Proper preparation It of a client's case demands that he assemble information, sift what he considers to be the relevant go from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference.... This work is reflected of course, be in interviews, statements, memoranda, correspondence, briefs, mental impressions, personal beliefs, and countless other tangible and intangible ways. . . .Were such materials open to opposing counsel on mere demand, much of what is now put down in writing would remain unwritten. An attorney's thoughts, heretofore inviolate, would not be his own. Inefficiency, unfairness and sharp practices would inevitably develop in the giving of legal advice and in the preparation of cases for trial. The effect on the legal profession would be demoralizing. And the interests of the clients and the cause of justice would be poorly served." </blockquote>		<blockquote>"[The Work Product Doctrine] is essential that a lawyer work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel. Proper preparation It of a client's case demands that he assemble information, sift what he considers to be the relevant go from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference.... This work is reflected of course, be in interviews, statements, memoranda, correspondence, briefs, mental impressions, personal beliefs, and countless other tangible and intangible ways. . . .Were such materials open to opposing counsel on mere demand, much of what is now put down in writing would remain unwritten. An attorney's thoughts, heretofore inviolate, would not be his own. Inefficiency, unfairness and sharp practices would inevitably develop in the giving of legal advice and in the preparation of cases for trial. The effect on the legal profession would be demoralizing. And the interests of the clients and the cause of justice would be poorly served." </blockquote><Ref>[[Hickman v. Taylor, 329 U.S. 495 (1947)]]</ref>

	The work product doctrine is typically raised as a defense to a request for discovery from an opposing party such as the prosecutor or a collateral plaintiff in a civil action.		The work product doctrine is typically raised as a defense to a request for discovery from an opposing party such as the prosecutor or a collateral plaintiff in a civil action.

Ibjadmin: /* Elements of the Work Product Doctrine */

2010-08-06T14:08:10Z

Elements of the Work Product Doctrine

← Older revision		Revision as of 16:08, 6 August 2010
Line 16:		Line 16:

	Work product can generally be classified as two types:		Work product can generally be classified as two types:
	#'''Absolute Work Product''' - This type of work product involves the thoughts, impressions or strategies of a defense ~~attornies~~. This is generally not discoverable and are afforded heightened protection.		#'''Absolute Work Product''' - This type of work product involves the thoughts, impressions or strategies of a defense attorney. This is generally not discoverable and these materials are afforded heightened protection.
	#'''Qualified Work Product''' - This kind of material may contain certain impressions that are not the attorneys. For instance, expert reports may be considered "Qualified WOrk Product'''. This material is generally not discoverable unless the court determines that denial of discovery will:		#'''Qualified Work Product''' - This kind of material may contain certain impressions that are not the attorneys. For instance, expert reports may be considered "Qualified WOrk Product'''. This material is generally not discoverable unless the court determines that denial of discovery will:
	##Unfairly prejudice party seeking discovery in preparing its claim or defense or		##Unfairly prejudice party seeking discovery in preparing its claim or defense or

Ibjadmin: /* Elements of the Work Product Doctrine */

2010-08-06T14:07:16Z

Elements of the Work Product Doctrine

← Older revision		Revision as of 16:07, 6 August 2010
Line 16:		Line 16:

	Work product can generally be classified as two types:		Work product can generally be classified as two types:
	#~~'''Thoughts and Impressions''' - Sometimes called~~ '''Absolute Work Product'''~~, this~~ type of work product ~~that~~ involves the thoughts, impressions or strategies of a defense ~~attorney are~~ not ~~generally~~ discoverable and are afforded a heightened		#'''Absolute Work Product''' - This type of work product involves the thoughts, impressions or strategies of a defense attornies. This is generally not discoverable and are afforded heightened protection.
	#~~'''Factual Material''' - Sometimes called~~ '''Qualified Work Product''' ~~this~~ kind of material ~~contains~~ certain ~~factual material discovered through~~ the ~~course of an attorney~~'~~s investigation~~. This material is generally not discoverable unless the court determines that denial of discovery will:		#'''Qualified Work Product''' - This kind of material may contain certain impressions that are not the attorneys. For instance, expert reports may be considered "Qualified WOrk Product'''. This material is generally not discoverable unless the court determines that denial of discovery will:
	##Unfairly prejudice party seeking discovery in preparing its claim or defense or		##Unfairly prejudice party seeking discovery in preparing its claim or defense or
	##Will result in an injustice		##Will result in an injustice