The “work product rule” is closely related to the attorney-client privilege but is broader because it protects any material, regardless of whether it is confidential, prepared by the attorney, usually in anticipation of litigation.
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.
Are legal invoices work product?
In a much-anticipated ruling, the California Supreme Court held on December 29, 2016 that legal invoices are protected by the attorney-client privilege, and therefore, with some exceptions, need not be disclosed under the Public Records Act.
Are attorney notes work product?
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.
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 …
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.
Are attorney emails work product?
District Court Confirms Work-Product Doctrine Privilege Covers Only Certain Documents Exchanged With Third Party Consultants. … However, the District Court did agree that some of the emails were protected by the attorney work product doctrine.
Are lawyer bills privileged?
The Supreme Court of California has held that California attorney-client privilege categorically protects attorney invoices for ongoing matters, but the degree of protection for concluded matters is substantially less certain. The court’s opinion in County of Los Angeles Board of Supervisors v.
Are attorney billing statements privileged?
Entries that contain descriptions of legal services that disclose legal strategy, including the identification of particular matters assigned to legal counsel for review, or would reveal the specific contents of confidential communications between the attorney and the client are protected by the attorney-client …
Are payments to attorneys privileged?
Generally, information regarding a client’s fees is not protected by the attorney/client privilege because payment of fees is not a confidential communication between the attorney and client, but an economic transaction, incidental to the relationship.
Are notes discoverable?
In California, “all discoverable reports and writing” of a retained expert must be produced upon a timely expert demand. … Thus, draft reports are discoverable. An expert’s unreasonable failure to produce all discoverable reports and writings may result in the exclusion of that expert’s testimony.
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 can assert work product privilege?
Whoever creates work product has the right to assert the privilege – typically attorneys and their clients (or “representatives” of either). So long as it was created in anticipation of litigation and meets the other prongs of the test set out above in No. 1.
Does attorney work product have to be in anticipation of litigation?
The work-product doctrine generally protects from discovery by an adverse party any materials prepared by or for a party, including by in-house counsel, “in anticipation of litigation.” As originally articulated by the United States Supreme Court in 1947, the doctrine was intended to protect from discovery written …
Is work product part of attorney-client privilege?
The protection accorded attorney work product is technically not a “privilege.” However, the protection is much broader than the attorney-client privilege. Work product often overlaps with privileged communications, confidential information, and information subject to client privacy rights.