A fact work product refers to a creation by a lawyer or their assistant that aids in a legal case. It can be in written or verbal form and solely consists of factual information, excluding any personal opinions of the lawyer. Typically, fact work product remains confidential and cannot be disclosed to the opposing party unless there is a compelling justification to do so.
Fact work product refers to tangible or intangible material that contains factual information but does not include an attorney’s mental impressions. It is created by or for a lawyer, specifically for litigation purposes. Fact work product is generally protected from being discovered or disclosed. Examples of fact work product include witness statements, police reports, and medical records, which can be used as evidence in a legal case. However, it does not include an attorney’s opinions or thoughts about the case. Fact work product is subject to a qualified privilege, meaning it is not discoverable unless there is a substantial need for the materials. This is because the information in fact work product is often sensitive and could harm the case if disclosed to the opposing party. For instance, if a witness statement contains damaging information for the defendant, the defence attorney may want to keep it confidential to avoid giving the prosecution an advantage.
A fact work product refers to any tangible or intangible material that is created during the course of an attorney’s work and contains factual information relevant to a legal matter.
Fact work product can include various types of documents such as witness statements, investigative reports, photographs, videos, audio recordings, and any other materials that contain factual information related to a legal case.
No, fact work product is not protected by attorney-client privilege. Attorney-client privilege only applies to communications between an attorney and their client for the purpose of seeking legal advice or representation.
Yes, fact work product can be used as evidence in court. However, its admissibility may depend on the relevance, authenticity, and reliability of the materials, as well as any applicable rules of evidence.
In general, fact work product is discoverable and can be shared with opposing parties during the discovery process. However, certain materials may be protected from disclosure if they are considered privileged or subject to other legal protections.
Yes, fact work product can be shared and used by other attorneys within the same law firm, as long as it is relevant to their legal work and does not violate any ethical or confidentiality obligations.
Disclosure of fact work product to third parties is generally allowed, but it may be subject to certain limitations or restrictions depending on the circumstances, such as confidentiality agreements or protective orders.
Fact work product should generally be preserved in its original form and not be modified or edited, as it is important to maintain the integrity and accuracy of the factual information contained within the materials.
Fact work product should not be intentionally destroyed or deleted, as it may be relevant to a legal matter and could potentially be used as evidence. It is advisable to follow proper document retention policies and consult with legal counsel before disposing of any materials.
Fact work product can potentially be used in future cases if it remains relevant and admissible. However, it is important to consider any potential conflicts of interest, ethical obligations, and the specific circumstances of each case before relying on previously created fact work product.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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