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Friday, August 7, 2020 | History

3 edition of Attorney-client privilege and the work product doctrine found in the catalog.

Attorney-client privilege and the work product doctrine

Herbert E. Milstein

Attorney-client privilege and the work product doctrine

corporate applications

by Herbert E. Milstein

  • 190 Want to read
  • 15 Currently reading

Published by Bureau of National Affairs in Washington, D.C .
Written in English

    Places:
  • United States.
    • Subjects:
    • Corporate legal departments -- United States.,
    • Confidential communications -- Lawyers -- United States.,
    • Attorney and client -- United States.

    • Edition Notes

      Includes bibliography.

      StatementHerbert E. Milstein ; Dan Blatt, managing editor ; Donald E. Schwartz consultant.
      SeriesCorporate practice series ;, no. 22
      Classifications
      LC ClassificationsKF1425 .M54
      The Physical Object
      Pagination80 p. in various pagings ;
      Number of Pages80
      ID Numbers
      Open LibraryOL4092295M
      ISBN 10016256918X
      LC Control Number80000297

      Overview. 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. However, under Rule 26(b)(3) of the Federal Rules of Civil Procedure, an adverse party may discover or compel disclosure of work product upon. Attorney-Client Privilege and Work Product; Limitations on Waiver. Currentness. The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the attorney-client privilege or work-product protection.

      However, even if the work product protection is overcome, courts must still protect from disclosure the mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative concerning the litigation. Like the attorney-client privilege, the work product doctrine's protections may also sometimes be waived. The work-product privilege or doctrine 1 originated in the seminal case of Hickman v. Taylor, U.S. , 67 (, in which the U.S. Supreme Court held that statements of witnesses obtained by an attorney prior to trial were privileged and thus protected from Court reasoned that to allow otherwise would be contrary to the public policy underlying the orderly and just.

      “The Work Product Doctrine” Non-privileged documents may enjoy protection during discovery or at trial by application of the work product doctrine, if the documents include mental impressions of the attorney, and if the party seeking the documents cannot show a substantial need or an inability to obtain equivalent information without undue. Utah Court’s use the term “privilege” when referring to the doctrine. Featherstone v. Schaerrer, UT 86, 33, 34 P.3d (). Some courts, however, refer to it as a “doctrine” or “immunity” rather than “privilege.” Some resist terming it a privilege because the protection is not absolute—although “core” or “opinion” work product that encompasses the mental.


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Attorney-client privilege and the work product doctrine by Herbert E. Milstein Download PDF EPUB FB2

The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance.5/5(3).

The Attorney-Client Privilege and the Work-Product Doctrine (Two-Volume Set) By Edna Selan Epstein This two-volume treatise, written by Edna Selan Epstein and now in its sixth edition, is the go-to reference by attorneys and judges nationwide on common issues that arise in the attorney-client privilege and work-product protection contexts.

The Attorney-Client Privilege and the Work-Product Doctrine Paperback – September 1, by. Edna Selan Epstein (Author) › Visit Amazon's Edna Selan Epstein Page. Find all the books, read about the author, and more.5/5(2). Excellent book for delving deeply into the substance of the attorney-client and work product privileges.

The book discusses the privileges in many contexts (patent law, insurance, tax cases etc.) 5/5(2). InVirginia CLE published the two volume 1, page hard cover book entitled, The Attorney-Client Privilege and The Work Product Doctrine: A Practitioner’s Guide.

The Book is available for purchase from the Virginia CLE in Charlottesville, Virginia. The Attorney-Client Privilege in Civil Litigation: Protecting and Defending Confidentiality, Seventh Edition This updated edition provides a current and perceptive examination of the attorney-client privilege and work-product doctrine.

The Attorney-Client Privilege and Work-Product Doctrine has proven to be an invaluable resource for litigators and has been the ABA Section of Litigation’s bestseller since publication of the first edition.

This newly revised sixth edition has been updated with the most current developments in attorney-client privilege and work-product. The attorney-client privilege and the work product doctrine are two important concepts in the litigation process and the law in general.

At first glance, you may think the attorney-client privilege and the work product doctrine are interchangeable and govern the same exact scope of information, but that is not the case.

Attorney Client Privilege and the Work Product Doctrine book. Read reviews from world’s largest community for readers. This third edition has been greatl Ratings: 0. However, the statutory privileges, such as, attorney client privilege (Evidence Code ) and attorney work-product privilege (CCP ) do apply.

The attorney-client privilege confers a privilege on a client to refuse to disclose and to prevent another from disclosing confidential communications between client and lawyer.

The work product doctrine protects from disclosure to third parties documents and tangible things that a party or its representative prepares in anticipation of litigation.

In some ways, the work product doctrine is broader than the attorney-client privilege because its protections are not limited solely to communications or confidential matters.

Inthe Virginia Law Foundation published the latest version of Tom's book on the attorney-client privilege and the work product doctrine – a two-volume 1, page book discussing those topics on a national level (all profits go to the Foundation.) Tom has made available a page summary of the book, which you can access here.

In addition, Jenner & Block publishes the “Protecting Confidential Legal Information: A Handbook for Analyzing Issues Under the Attorney-Client Privilege and the Work Product Doctrine,” which is available by clicking here. Jenner & Block will update this web page with new developments and items of interest as they become available.

• The work product doctrine (Chapters ). • The process of asserting and litigating both protections (Chapters ). Attorney-Client Privilege Chapter 2 introduces the attorney-client privilege, and provides some basic principles.

In American civil procedure, the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel. It is also known as the work-product rule, the work-product immunity, and the work-product exception. It is sometimes mistakenly called the work-product privilege.

• JPMorgan asserted the attorney-client privilege and work product doctrine over the communications between Stewart and in-house counsel as well as the notes taken during the interviews. • Government argued that JPMorgan waived privilege by disclosures to FINRA. Holding • District Court concluded: i.

Taylor, U.S. atthe work-product doctrine is distinct from and broader than the attorney-client privilege.”). 17 Hickman, U.S.() (Jackson, J. dissenting). Paul D. Breitner is senior litigation counsel with The Barthet Firm in Miami, practicing primarily in areas of commercial and construction litigation.

He holds a. His 1,page book, The Attorney-Client Privilege and The Work Product Doctrine: A Practitioner's Guide (3d edition ), is the definitive work on the topic.

He also prepared a Virginia-specific guide of only (!) pages, focusing the discussion on how the privilege and doctrine function in Virginia. The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner's Guide: A Virginia-Specific Summary Guide: The Attorney-Client Privilege and the Work Product Doctrine: Appellate Practice - Virginia and Federal Courts: Attorney Fees and Sanctions - Virginia and Federal Courts: Insurance Law in Virginia: The Virginia Arbitration Roadmap.

The Attorney Client Privilege and the Work Product Doctrine directly examines the scope of a lawyer's responsibility to a client when called as a witness or when otherwise required to produce evidence.

The attorney-client privilege and work product doctrine are powerful weapons in a litigator's arsenal. They are often the primary means for preventing the disclosure of highly sensitive and potentially damaging documents in litigation. The attorney-client privilege and work product doctrine share many similarities.The attorney-client privilege and work product protection.

Because of in-house counsel’s dual role within the company, application of the attorney-client privilege and work product protection to in-house counsel’s communications depends on context. The attorney-client privilege protects confidential communications between in-house counsel.

In addition to the attorney-client privilege, the attorney work product doctrine can be used to protect materials prepared in anticipation of litigation or for trial. At the outset of an investigation, communicating that litigation is anticipated can help establish the existence of work product privilege.