26.29 - B. Policy Considerations

JurisdictionNew York

B. Policy Considerations

The attorney-client privilege and attorney work product doctrine are premised on different policy considerations. The attorney-client privilege is centered on protecting the right and ability of a client to seek needed legal advice and representation. The attorney work product rule is centered on creating a zone of privacy for the attorney preparing for a case and to prevent attorneys from taking advantage of their opponent’s efforts and subsequent work product.3816 In modern legal vernacular, the attorney work product doctrine is sometimes called the “anti-freeloader” rule.3817

Courts generally recognize two types of work product. The first is “ordinary work product” and the second is “opinion or core work product.”3818 An example of ordinary...

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