work product doctrine

work product doctrine: work product doctrine n: a doctrine or rule that protects an attorney's work product from discovery – called also work product rule;

◇ This doctrine applies to work product of all kinds, but it may be waived for certain materials (as documents) if the party seeking discovery shows that it has a substantial need of the materials in preparing its own case and that it is unable without undue hardship to obtain the substantial equivalent of the materials by other means.

work product doctrine: USA

The work product doctrine protects, from disclosure to third parties, documents and tangible things that are prepared in anticipation of litigation by (or for) another party or its representative. The work product protection may be overcome in certain instances where the party seeking discovery shows that it has a substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means. However, even if the work product protection is overcome, courts must still protect from disclosure the mental impressions, conclusions, opinions or legal theories of a party's attorney or other representative concerning the litigation. Like the attorney-client privilege, the work product doctrine's protections may also sometimes be waived. The work product doctrine's protections are codified in Rule 26(b) of the Federal Rules of Civil Procedure. The US Supreme Court first recognized the work product doctrine in Hickman v. Taylor, 329 U.S. 495 (1947).

In some ways, the work product doctrine is broader than the attorney-client privilege because its protections are not limited solely to communications or confidential matters. However, the work product doctrine is also narrower than the attorney-client privilege because its protections extend only to documents and other tangible things that are prepared in anticipation of litigation.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

Work-product doctrine — In American civil procedure, the work product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel. [cite encyclopedia |editor=Bryan G. Gardner |title=Work product rule |encyclopedia=Black s Law… … Wikipedia
work-product doctrine — The principle that material collected and prepared for a case by counsel is not subject to disclosure by way of discovery at the instance of the party adverse to counsel s client. 23 Am J2d Dep § 195 … Ballentine's law dictionary
work product rule — n. A rule protecting work product from discovery. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. work product rule A legal doctrine that provides tha … Law dictionary
Work for hire — A work made for hire (sometimes abbreviated as work for hire or WFH) is an exception to the general rule that the person who actually creates a work is the legally recognized author of that work. According to copyright law in the United States… … Wikipedia
First-sale doctrine — This article is about the first sale doctrine as applied to copyright. For the analogous first sale doctrine applicable to patents, see Exhaustion doctrine. The first sale doctrine is a limitation on copyright that was recognized by the Supreme… … Wikipedia
Derivative work — L.H.O.O.Q. (1919). Derivative work by Marcel Duchamp based on the Mona Lisa (La Gioconda) by Leonardo da Vinci. Also known as The Mona Lisa With a Moustache. Often used by law professors to illustrate legal concept of derivative work. In United… … Wikipedia
Castle doctrine — A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine arising from English common law[1] that designates one s place of residence (or, in some states, any place legally occupied, such as one s … Wikipedia
Functionality doctrine — Intellectual property law Primary rights Copyright · authors rights … Wikipedia
Mask work — A mask work is a two or three dimensional layout or topography of an integrated circuit (IC or chip ), i.e. the arrangement on a chip of semiconductor devices such as transistors and passive electronic components such as resistors and… … Wikipedia
Illinois Brick doctrine — The Illinois Brick doctrine (or Doctrine of the Illinois Brick case) is a rule of United States antitrust law that prohibits indirect purchasers of goods or services from recovering antitrust damages from antitrust violators. Thus, if… … Wikipedia

Academic Dictionaries and Encyclopedias

work product doctrine

Look at other dictionaries:

Share the article and excerpts

Academic Dictionaries and Encyclopedias

Law dictionary

work product doctrine

Look at other dictionaries:

Share the article and excerpts

Direct link