Define: Core Work Product

A core work product refers to any document, report, or analysis that is prepared by an attorney or their legal team in anticipation of litigation or for the purpose of providing legal advice.

Yes, core work products are generally protected from disclosure under the attorney-client privilege and work product doctrine. This protection helps ensure open and candid communication between attorneys and their clients.

In certain circumstances, core work products may be used as evidence in court. However, the attorney-client privilege and work product doctrine provide a level of protection, and their disclosure may require a showing of substantial need and inability to obtain the information elsewhere.

Core work products should generally not be shared with third parties unless there is a legitimate need or if the attorney-client privilege extends to those parties. Sharing such documents without proper authorization may waive the privilege.

Opposing parties may seek to access core work products during litigation through a process called discovery. However, the attorney-client privilege and work product doctrine can be invoked to protect these documents from disclosure.

If a core work product is accidentally disclosed, steps should be taken immediately to rectify the situation. This may involve notifying the recipient of the inadvertent disclosure and seeking a court order to prevent further dissemination.

Core work products can be used for purposes other than litigation, such as providing legal advice or conducting internal investigations. However, their primary purpose is to assist in the anticipation of litigation or the provision of legal advice.

While core work products are typically created by attorneys or their legal team, non-attorneys may also contribute to their preparation. However, it is important to ensure that the work product retains its privileged status and is not inadvertently waived.

The retention period for core work products may vary depending on jurisdiction and the specific circumstances. It is generally advisable to retain these documents for a reasonable period, even after the conclusion of the matter they relate to.

If a core work product is lost or destroyed, it may have implications for the case or matter it pertains to. It is important to promptly notify all relevant parties and take appropriate steps to mitigate any potential consequences.