Chapter 35 Context and Timing of Work Product

• Library: A Virginia-Specific Summary Guide: Attorney-Client Privilege & Work Product Doctrine (Virginia CLE) (2016 Ed.)

Chapter 35

context and timing of WORK PRODUCT

35.1 INTRODUCTION

The work product doctrine differs dramatically from the attorney-client privilege in several key ways.

35.2 PRIMACY OF CONTEXT OVER CONTENT

The work product doctrine primarily focuses on context, while the attorney-client privilege focuses almost entirely on communications' content.

35.3 IRRELEVANCE OF AN ATTORNEY-CLIENT RELATIONSHIP

The work product doctrine can apply in the absence of an attorney-client relationship, while the privilege necessarily depends on such relationships.

35.4 IRRELEVANCE OF COMMUNICATION

The work product doctrine can protect documents that were not communicated between clients and their lawyers, while the attorney-client privilege generally does not.

35.5 IRRELEVANCE OF CONFIDENTIALITY

The work product doctrine can protect documents that are not based on confidential communications, while the attorney-client privilege generally limits its protection to confidential communications.

• Examples include translation of a foreign language document; a party's sequential numbering system on documents that it had produced; photographs of an accident scene; a transcript of a public meeting; videotape of an accident scene; a court reporter's transcript of a court hearing.

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VA A Virginia circuit court ¹ held that a court hearing transcript deserved work product protection.

35.6 PRESENCE OF NON-ADVERSE THIRD PARTIES

The work product doctrine can apply despite the presence of third parties, while the...