Mind The Gap In Rule 26(b)(3)
As the U.S. Supreme Court has stated, "[n]ot even the most liberal of discovery theories can justify unwarranted inquiries into the files and the mental impressions of an attorney." Id. at 510. This is because it is "essential that a lawyer work with a certain degree of privacy, free from unnecessary intrusion." Id. at 511.
However, although the...
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