3.06 Work Product

Question 1

Source and Types of Work Product

Answer 1

Civil Procedure and Restatement

• Work Product
• Opinion Work Product
• Intangible Work Product

Question 2

Work Product

Answer 2

Tangible and Intangible Materials in Preparation for LitigationRequires Litigation OR the REASONABLE Anticipation of ItIncludes Compilations of NON-Confidential / Public InformationDoes NOT Include Underlying Facts

Question 3

Opinion Work Product

Answer 3

Opinions and Mental Impressions of the Lawyer

Question 4

Intangible Work Product

Answer 4

Equivalent of Work Product in Unwritten, Oral, or Remembered Form

Question 5

Limitations on Work Product Immunity

Answer 5

Not Absolutely Protected (Less Protected Than Attorney-Client Privilege) Narrow exceptions for COURT ORDERS to demand information be turned over:

Work Product: 1. Substantial Need and 2. Unable to Obtain Without Undue Hardship

Opinion Work Product: If Extraordinary Circumstances Justify DisclosureUnderlying Facts of the Case (i.e. evidence)= Facts AS Facts NOT Protected]

Crime-Fraud Exception

Waivers, it matters who you show the work product to.

Question 6

Whose work qualifies?

Answer 6

Prepared by a Lawyer OR
Prepared Under Direction of the Lawyer
Note: Paper Trail Matter

Question 7

What is reasonable anticipation of litigation?

Answer 7

It has to be a real anticipation, not just a hypothetical or precautionary anticipation.

Broader Privilege Might Still Provide Protection”