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Privilege
Courts Differ on the Meaning of the Work Product Rule's "Anticipation" and "Litigation" Elements: Part II
In his last Privilege Point, McGuireWoods partner, Thomas Spahn, addressed courts' differing interpretations of the work product rule's "anticipation" element. Fed. R. Civ. P. (26)(b)(3)'s and parallel state rules' "litigation" element also requires courts' interpretation. Here he picks up where he left off.
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Courts Differ on the Meaning of the Work Product Rule’s "Anticipation" and "Litigation" Elements: Part I
Fed. R. Civ. P. 26(b)(3)'s and parallel state work product rules apply to documents and tangible things prepared "in anticipation of litigation or for trial." But the Rule does not specify the degree of required "anticipation."
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What Is the Garner Doctrine, and Why Is It Dangerous?
Under what is called the "fiduciary exception," a fiduciary's beneficiary sometimes may access otherwise privileged communications between the fiduciary and its lawyer – based on the law's artificial identification of the beneficiary as the fiduciary's lawyer's true "client."
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