Tuesday, January 22, 2013

Importance of Attorney-Client Work Product

For those who are organizing their documentation it is vital that on your hard copies and on your computer you put the statement similar to the Example shown below. May even want to put a heading about the statement
"Attorney-Client Work-Product"

I have given the definition found in our online Legal Terms Section>> http://www.nfpcar.org/Legal/legalprint.htm Please note, if you have any term you want added to this section, let me know. I usually use the wiki legal section, but Black's Law Dictionary is known as the bible by the legaleze profession.
attorney-client work-product The work-product doctrine is more inclusive than attorney-client privilege. Unlike the attorney-client privilege, which includes only communications between an attorney and the client, work-product includes materials prepared by persons other than the attorney him/her self: The materials may have been prepared by anybody as long as they were prepared with an eye towards the realistic possibility of impending litigation. Additionally, it includes materials collected for the attorney such as interrogatories, signed statements, other information acquired for the prosecution or defense of a case, "memoranda, briefs, communications . . . other writings prepared by counsel for his/her own use in prosecuting the client's case . . . mental impressions, conclusions, opinions, or legal theories."[3]
However, the work-product doctrine is also less powerful than the attorney-client privilege because it is not a privilege, and therefore may be overcome by a showing of necessity, as described above.

Example Statement: 
"Contents of this document, whether on computer hard drive and/or hardcopy are protected by Attorney/Client Work-Product and anything on (in) this should be considered protected as such. Any access or disclosure of the Attorney/Client Work-Product by unauthorized persons in an attempt to hamper a person's defense of him or herself or their family can and/or will be subject to legal action."  (Added 06/10-GPC-Wiki- http://en.wikipedia.org/wiki/Work-product_doctrine  )