Attorney Work Product Privilege

• Author: Joseph A. Ranney
• Pages: 19-30

5-1

Chapter 5

Attorney Work Product Privilege

I. APPLICATION OF WORK PRODUCT PRIVILEGE

§5:01 Nature and Purpose of Work Product Immunity

§5:02 Rule 26 and the Current Parameters of Work Product Immunity

§5:03 When Is Work Prepared “in Anticipation of Litigation”?

§5:04 Joint Work Product

[§§5:05-5:09 Reserved]

II. EXCEPTION TO AND WAIVER OF WORK PRODUCT PRIVILEGE

§5:10 The Crime-Fraud Exception

§5:11 When Is Immunity Waived?

§5:12 Waiver When the Nature of the Attorney’s Work Is at Issue

[§§5:13-5:19 Reserved]

III. ASSERTING THE WORK PRODUCT PRIVILEGE AT A DEPOSITION

§5:20 Who May Assert Work Product Immunity?

§5:21 “Opinion” Work Product

§5:22 “Ordinary” Work Product

§5:23 Facts Embedded in Work Product

§5:24 Derivative Immunity for Materials Prepared by Assistants

§5:25 How to Resolve Work Product Disputes During a Deposition

IV. FORMS

Form 5-1 Letter Confirming Joint Defense Agreement

Form 5-2 Motion to Compel (Attorney Work Product)

Form 5-3 Brief in Support of Motion to Compel (Attorney Work Product)

Form 5-4 Order Granting Motion to Compel in Part (Attorney Work Product)