Work Product Doctrine
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
Elements of the Work Product Doctrine
The work product doctrine protects documents, recordings and other "work product" prepared by the criminal defense attorney in anticipation of, or during, litigation. 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 broader than the attorney-client privilege in that it protects additional materials that did not come about through client communication.
Work product can generally be classified as two types:
- Thoughts and Impressions -
- Factual Material -
See Evidence, Ethics and Professional Responsibility
