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attorney work product privilege
5.888 documents for attorney work product privilege
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Twelfth Survey of White Collar Crime The courts should construe the waiver of attorney-client privilege and the work-product doctrine narrowly in the corporate investigation and disclosure context to balance the need for disclosure with protections that will actually promote disclosure. The majority approach construes waiver broadly in stating that information disclosed to a government agency is available to third-party litigants. Final internal investigation reports should be considered a waiver of privilege in such information, but nondisclosed opinion work-product should continue to be protected by privilege.
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Motion for protective order; attorney-client privilege; work-product doctrine; abuse of discretion.
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The confidentiality of communications in a corporate setting can be protected through the attorney-client privilege and work product doctrine. Communications are considered confidential if they are made in confidence between an attorney and client concerning legal advice. The work product doctrine has two levels, products of the attorneys' labor and products of their opinion, both of which are protected but the opinion protection is stronger. Upjohn Co v. United States established a case-by-case standard of protection, overturning the control group theory in many states.
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The Justice Department, citing privilege claims, has refused to release e-mails and other documents sought under an open records request by The Washington Times to explain its decision last year to dismiss a civil complaint accusing the New Black Panther Party of intimidating voters at a Philadelphia polling place. In a letter, the department said that while 69 documents totaling 135 pages were responsive to the Freedom of Information Act request for information on how and why the decision to dismiss the complaint was made, they were being withheld because of "deliberative process" and "attorney work-product" privilege exemptions.
