Complex Litigation: Work Product Protection
Vol. 27 Nat'l L.J. 12 (June 13, 2005).
The University of Texas School of Law, Public Law and Legal Theory Research Paper Series Number 435
4 Pages Posted: 13 Jun 2013
Date Written: June 13, 2005
Commentary and analysis of the invocation of attorney-client privilege and work product protection during discovery in class action litigation. The article discusses issues that arise during pre-certification discovery conducted to support or oppose satisfaction of the Rule 23 requirements for class certification. In particular, the article focuses on requests for disclosure of pre-certification questionnaires furnished to potential class members. In diversity class actions, many federal courts look to state law principles relating to privileges to determine the standards that apply to attorney-client privilege and the work product doctrine. Some courts apply the privileges to prevent disclosure of requested materials; other courts decline to apply the privileges and order disclosure.
Keywords: Class action, class certification, attorney-client privilege, work product immunity, class action questionnaires
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