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.

Can work product privilege be waived?

Unlike the attorney-client privilege, it’s actually difficult to waive the work product privilege. A party can waive the privilege, however, by disclosing it to an adversary directly or if the disclosure substantially increases the chances that the work product will get into the hands of an adversary.

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).

How long does work product privilege last?

How long does it last? The privilege generally lasts forever, unless it is later waived. Some (but not all) courts hold that work product protection ends with the termination of the litigation for which it was created.

What qualifies as attorney-client privilege?

Definition. Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.

What documents are protected by attorney-client privilege?

Terms:

• “Attorney-Client Privilege” This confidentiality doctrine protects against the required disclosure of any confidential information given by a client to his attorney during the course of seeking professional legal advice.
• “Attorney-Client Communications”
• “Underlying facts”
• “Waiver”
• “Crime or fraud exception”

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.

Is client entitled to work product?

The client is entitled to all papers and property the client provided, all litigation materials, all correspondence, all items the lawyer has obtained from others, and all notes or internal memorandums that may constitute work product.

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.

Are conversations with experts privileged?

expert witness are protected from disclosure, “regardless of the form of the communications.” However, “the protection applies to all other aspects of the communication beyond the excepted topics.”

What is an example of attorney-client privilege?

In general, attorney-client privilege will apply to communications about legal matters between a lawyer and his or her client. So, for example, if you bring a friend to your meeting with your lawyer, communications made during that meeting would not be covered by attorney-client privilege.

What is not protected by attorney-client privilege?

The attorney-client privilege protects most communications between clients and their lawyers. But, according to the crime-fraud exception to the privilege, a client’s communication to her attorney isn’t privileged if she made it with the intention of committing or covering up a crime or fraud.

Who is entitled to the work product privilege?

The attorney-client privilege belongs to and can only be asserted by the client. Work product is different. Whoever creates work product has the right to assert the privilege – typically attorneys and their clients (or “representatives” of either).

How are Illinois and federal attorney client privilege different?

the work-product doctrines to protect communications and information from discovery in litigation in both state and federal courts. But despite the fact that the basic Illinois and federal attorney-client privilege rules are virtually identical, there are some notable differences in the way the two jurisdictions apply the rules.

Can a work product be protected in a lawsuit?

This is the key to seeking work product protection, the materials must have been prepared in anticipation of litigation . Without this fact present, the materials are not protected. And many in-house (and outside) lawyers mistakenly think all their notes and thoughts are protected by the privilege. They’re not.

Can a party seeking discovery overcome the work product privilege?

A party seeking discovery may overcome the work product privilege if they can show they have a “substantial need” for the materials to prepare their case and they cannot obtain the substantial equivalent of the other party’s work product through “other means” without “undue hardship.”