What is attorney work product in California?

What is considered attorney work product?

The work product doctrine states that an adverse party generally may not discover or compel disclosure of written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation.

Does attorney work product belong to the client?

The attorney-client privilege clearly belongs to the client alone, although the client’s lawyers must assert the privilege when they can. In contrast lawyers have at least some ownership interest in their work product – but few courts have applied that abstract principle to real-life situations.

What counts as work product?

The work-product doctrine now encompasses “documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative,”3 and a party’s representative can be its attorney, but it also can be its insurer, employee or other agent.

Are emails attorney work product?

privilege,” including “mere transmittal communications” and “communications dealing with merely administrative, logistical, or scheduling matters” Ultimately, the District Court concluded that “only a portion of the emails submitted for in camera review constitute protected work product.” The District Court’s order …

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What is the difference between work product and attorney-client privilege?

Decision Highlights a Key Difference Between Attorney-Client Privilege and Work Product Doctrine Protection. The attorney-client privilege provides absolute but fragile protection. In contrast, work product doctrine protection can be overcome — but offers more robust safety than the privilege.

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.

Who can waive work product protection?

A party or its attorney may waive the privilege by disclosing privileged information to a third party who is not bound by the privilege, or otherwise shows disregard for the privilege by making the information public. Bittaker v. Woodford, 331 F.

Who owns the work product?

In most cases, the ownership arrangement is governed specifically by a work product clause in the employment contract. For example, the contract might contain a clause stating, “All employment-related work created by the employee in the course of the employment is property of the company”.

Can clients waive work products?

As a general rule, parties waive attorney-client privilege when disclosing a privileged communication to a third party and waive work-product protection when sharing protected materials with an adversary. Such waivers may provide third-party litigants with an avenue to access otherwise protected files.

What is included in work product?

The general rule is that legal research, records, correspondence, reports, or memoranda are attorney work product to the extent that they contain the opinions, theories, strategies, mental impressions, or conclusions of the client, the attorney, or persons participating in the case with the attorney, such as a jury …

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Are emails between attorneys privileged?

Don’t assume that an email you send or receive at work will be protected against disclosure and use in a lawsuit. To be protected by the attorney-client privilege, courts have always required that an individual have a reasonable expectation that communications with his or her attorney will be private and confidential.

What is protected under work product?

Protects documents and tangible things that are prepared in anticipation of litigation by (or for) another party or its representative from disclosure to third parties. The US Supreme Court first recognized the work product doctrine in Hickman v. … Taylor, 329 U.S. 495 (1947).