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Civil Procedure II > Privileges > Flashcards

Flashcards in Privileges Deck (5)
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What is required for documents and tangible items to be protected by the work product protection?

Ordinarily, a party may not discovery documents or tangilbe things prepared in anticipation of litigation or trial. But subject to Rule 26(b)(4) these materials may be discovered if:
1) they are otherwise discoverable according to rule 26(b)(1); and
2) Party has a substantial needs for the materials to prepare and cannot, without undue hardship, obtain the information elsewhere.


What is the work product protection designed to do?

This rule is designed to protect the lawyers thoughts, impressions, and strategies.


What does Upjohn v. U.S. stand for?

Stands for the proposition that if a prospective client comes to you, they are covered under the attorney-client privilege.


Who does the lawyer represent when representing a corporation under:
1) Federal Rule of Civil Procedure;
2) Control Group test:

1) the privilege only applies to the upper-level managers and above + anyone who know specific information regarding the case;
2) It includes all members of the corporation who are "decision makers" to be protected but no one else.


What is the attorney-client privilege?

This applies to attorney-client communication when there is no one present to break the protection. Must examine whether it was intended to and could reasonably be considered to be confidential.