work product doctrine massachusetts
Protection 429 Mass. 1 A client is a person public officer or corporation association or other entity either public or private who is rendered professional legal services by an attorney or who.
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A Practice Note analyzing the basic principles underlying the work product doctrine in Massachusetts.
. Plaintiffs and the third-party witness both filed motions for a protective order arguing that the documents sought were protected by the work-product doctrine. The work product privilege may be waived. 66 10 documents held by a State agency are.
Massachusetts Supreme Judicial Court Upholds Use of Work Product Doctrine to Protect Documents Morrison Foerster LLP Follow Contact On March 3 2009 the. Recently the Massachusetts Supreme Judicial Court SJC and the United States District Court for the District of Massachusetts both issued important decisions addressing. Based on these unique purposes of the work-product doctrine.
Tangible work product refers to notes memos and similar documents that were prepared in anticipation of litigation by or for a party to the litigation or by someone else on. The Massachusetts work product doctrine is set forth in Rule 26b3 of the Massachusetts Rules of Civil Procedure and explicitly protects from disclosure documents. To be work product the materials must be 1 documents and tangible things 2 prepared in anticipation of litigation or for trial 3 by the party or the partys representative.
Work Product Doctrine Tips for Preserving Identify work product create privilege log Include mental impressions opinions in documents that summarize interview evidence Allow. Recently the Massachusetts Supreme Judicial Court SJC and the United States District Court for the District of Massachusetts both issued important decisions addressing. The US Supreme Court first recognized the work product doctrine in Hickman v.
A party seeking material that has been found to be ordinary work product may obtain the material by showing a substantial need for the document. This Note covers the types of information protected by the work product. Information protected by the attorney-work product doctrine attorney-client privilege and deliberative process privilege as well as any other information exempt from the.
In some ways the work product doctrine is broader than the attorney-client. The work product doctrine. 3A Confidential information consists of information gained during or relating to the representation of a client whatever its source that is a protected by the attorney-client.
The Massachusetts work product doctrine is set forth in Rule 26 b 3 of the Massachusetts Rules of Civil Procedure and explicitly protects from disclosure documents prepared by a clients nonlawyer representatives if they are prepared in anticipation of litigation. 798 801806 1999 which states that under the Massachusetts public records statute G. The work-product doctrine by contrast protects a lawyers strategic information from discovery by adversaries.
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