Chapter 60 Appellate Review

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

Chapter 60

Appellate Review

60.1 INTRODUCTION

Appellate courts might ultimately assess attorney-client privilege and work product claims.

• Federal courts have been curtailing use of interlocutory appeals.

• Federal and state appellate courts use the same basic standards for reviewing trial court privilege/work product rulings.

60.2 PREPARING FOR AN APPEAL

Most trial courts try to compile full factual records for appellate courts' review. [60.201]

• Some appellate courts remind trial courts to take that step.

Some trial courts or appellate courts enter orders preserving the status quo pending appeals. [60.202]

• Most courts refuse to enter such orders, which raises the stakes for possible interlocutory appeals.

60.3 INTERLOCUTORY APPEALS IN FEDERAL COURTS

Litigants can consider several options for seeking interlocutory relief from trial court orders requiring production of protected communications or documents. [60.301]

First, litigants can seek trial courts' certification allowing an interlocutory appeal. [60.302]

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Second, litigants can immediately appeal some contempt orders. [60.303]

• Parties usually can appeal criminal contempt orders imposed when they ignore a court order to produce withheld communications or documents.

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