Define: Attorney Work Product Privilege

Attorney work product privilege is a legal doctrine that protects documents and materials prepared by an attorney in anticipation of litigation from being disclosed to the opposing party.

Materials protected under attorney work product privilege can include attorney’s notes, research, drafts of legal documents, and communications between the attorney and client.

Attorney work product privilege applies to attorneys and their clients, protecting their confidential communications and materials from being disclosed without their consent.

Yes, attorney work product privilege can be waived if the attorney or client voluntarily discloses the protected materials to a third party or if the materials are shared in a manner inconsistent with maintaining their confidentiality.

In certain circumstances, attorney work product privilege can be overcome if the opposing party can demonstrate a substantial need for the materials and that they cannot obtain the same information through other means.

Attorney work product privilege generally applies to all types of litigation, including civil, criminal, and administrative proceedings.

Yes, attorney work product privilege can be asserted during a deposition to prevent the disclosure of protected materials or to limit the scope of questioning related to attorney-client communications.

Yes, attorney work product privilege can extend to communications between an attorney and non-attorney consultants if the consultant is hired to assist in the provision of legal services.

Yes, attorney work product privilege continues to protect materials even after the attorney-client relationship has ended, as long as the materials were prepared in anticipation of litigation.

Yes, attorney work product privilege can be challenged in court if the opposing party believes that the privilege is being improperly asserted or that the protected materials should be disclosed. The court will then evaluate the merits of the challenge and make a determination.