Federal Rule of Evidence 612 and the Work Product Doctrine-Conflict or Congruity?
Jeffrie G. Murphy
Arizona State University College of Law
Arizona State Law Journal, p. 543, 1986
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.
Number of Pages in PDF File: 17
Keywords: Work product, deposition, opinion work productAccepted Paper Series
Date posted: August 27, 2009
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