Federal Rule of Evidence 612 and the Work Product Doctrine-Conflict or Congruity?
Arizona State Law Journal, p. 543, 1986
17 Pages Posted: 27 Aug 2009
Date Written: 1986
Abstract
In this case note, Professor O’Grady examines the principles of the work product doctrine, established by the United States Supreme Court in the seminal case Hickman v. Taylor, and concludes that the Third Circuit correctly classified an attorney's selection and compilation of documents as opinion work product. Furthermore, in this case note she examines the purposes and policies behind Federal Rule of Evidence 612 and suggests that the protection from discovery enjoyed by opinion work product should not be deemed automatically waived when a client or witness examines an attorney's opinion work product before testifying at trial or deposition.
Keywords: Work product, deposition, opinion work product
Suggested Citation: Suggested Citation