Privilege

Privilege

Thomas E. Spahn | McGuireWoods LLP

The work product doctrine protects documents primarily motivated by litigation or anticipated litigation. It does not protect documents created in the ordinary course of a company’s business, or required by an external or internal mandate. If a company is already in litigation, failing to acknowledge that fact can weaken a work product claim.

Privilege

Thomas E. Spahn | McGuireWoods LLP

In his previous Privilege Point, McGuireWoods partner, Thomas Spahn, described a court's curt rejection of attorney-client privilege protection for a plaintiff's communications with her mom – and noted the court's surprising failure to address an obvious work product claim. Eight days later, another court dealt with mother-daughter communications. Here, he picks up where he left off.

Privilege

Thomas E. Spahn | McGuireWoods LLP

Somewhat counter-intuitively, attorney client privilege protection is so fragile that even a family member often falls outside privilege protection (unless that family member was necessary to facilitate communications between the client and his or her lawyer). But work product protection is more robust, so most family members are inside that protection.