The Work Product Doctrine Is Not The Fifth Amendment For Civil Cases

Law360, New York (November 21, 2006, 12:00 AM EST) -- Under the protection of the work product doctrine, codified as Fed. R. Civ. P. 26(b)(3), attorneys routinely create documents reflecting their own analysis and preparation of their clients’ cases. Under this rule, work product is defined as “documents . . . prepared in anticipation of litigation . . . by or for another party or by or for that other party’s representative (including the other party’s attorney, consultant, surety, indemnitor, insurer or agent.”

Such documents are immune from discovery and represent the most clear-cut example of...
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