60.2 Preparing for an Appeal

• Library: The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner's Guide (Virginia CLE) (2013 Ed.)

60.2 PREPARING FOR AN APPEAL

60.201 Assuring a Full Factual Record. Chapter 59 of this book discusses trial courts' role in addressing privilege and work product issues. For instance, courts generally should make specific factual findings about privilege issues, which allow a full appellate review.

60.202 Preserving Protections Pending an Appeal. As appellate review becomes more likely, both the trial court and the appellate court can take additional steps.

First, some courts have issued or recommended the issuance of a protective order sealing purportedly protected communications or documents pending appellate

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review of an order requiring their production. ¹ A ruling like that makes great sense. Although such a step would temporarily deny one of the parties access to the communications or documents it seeks, this small disadvantage should be outweighed by the avoidance of prejudice if the trial court erred.

All of this played out in a Texas start court case. ² In that case, defendant, Bank of...