What is the difference between the attorney-client privilege and the work product privilege?
According to the Cornell Law School Legal Information Institute, the “attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret.” On the other hand, the Cornell Law School Legal Information Institute proclaims “the work product …
What is covered by work product privilege?
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.
Is work product a privilege?
Like the attorney-client privilege, the work product doctrine’s protections may also sometimes be waived. … However, the work product doctrine is also narrower than the attorney-client privilege because its protections extend only to documents and other tangible things that are prepared in anticipation of litigation.
Does work product apply to client?
The work product doctrine protects documents prepared in anticipation of litigation by: ∎ The client. … When determining whether the work product doctrine applies, courts interpret “anticipation of litigation” to mean that a document: ∎ Was created because of anticipated litigation.
What documents are protected by attorney client privilege?
The attorney-client privilege protects from disclosure to third parties: (a) confidential communications; (b) between an attorney and client; (c) made for the purpose of obtaining or providing legal advice. Unless all three of these prongs are met, the communication is not privileged.
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.
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 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.
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 …
What is common interest privilege?
“Common interest privilege” has been described as arising “where one party (party A) voluntarily discloses a document which is privileged in its hands to another party (party B)
What is a work product example?
A work product is an output of a project. They are the lowest level of project work that are individually estimated, budgeted, assigned, executed, measured and controlled. Work products include both tangible things such as infrastructure installations and intangible things such as presentations.
What is an attorney client privilege?
It protects legal advice given by a lawyer to his or her client (advice privilege) and communications pertaining to actual or contemplated litigation or court proceedings (litigation privilege). … It is called “client legal privilege” because the privilege belongs to the client, not the lawyer.
Are client notes work product?
Attorney Work Product Doctrine. Attorney work product is the work that an attorney performs, other than communication with the client. Notes that the attorney prepares from a client interview would be related to the client communication and would be protected by the attorney–client privilege.
Are witness statements work product?
The California Supreme Court held that witness statements collected by or at the direction of an attorney constitute at least qualified work product, as a matter of law.
Is work product only in anticipation of litigation?
The work product doctrine only protects from discovery by an adverse party those materials prepared for or by a party, including in-house counsel, in “anticipation of litigation.”