Privilege
More Privilege Articles
Privilege
State Supreme Court Seems to Ignore Its Own Work Product Rule
Because what is called "opinion work product" deserves higher protection than fact work product (and in many courts enjoys "absolute or nearly absolute" protection), litigants understandably seek to withhold documents on that basis. Fed. R. Civ. P 26(b)(3) explains that such highly protected opinion work product can be created by "a party's attorney or other representative." (Emphasis added.)
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Another Difference Between the Attorney-Client Privilege and the Work Product Doctrine
The ancient attorney-client privilege protection provides absolute but fragile immunity from discovery. The relatively new litigation-related work product doctrine provides limited but robust immunity from discovery. Lawyers should always be on the lookout for both types of protection.
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Courts Describe the Crime-Fraud Exception to Privilege Protection
One glaring disagreement among state courts involves former corporate directors' right to access documents they possessed when they served as directors. Common sense might lead one to think that directors enjoyed access when they were loyally serving a corporation, but should be denied access if they become adverse to that corporation.
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