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

Suggested Citation

Mullenix, Linda S., Complex Litigation: Work Product Protection (June 13, 2005). Vol. 27 Nat'l L.J. 12 (June 13, 2005).. Available at SSRN:

Linda S. Mullenix (Contact Author)

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1375 (Phone)

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