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With Roxworthy, the Sixth Circuit joins the Second Circuit (Adlman II) as a jurisdiction more friendly to claims of work product (although, as explained below, "friendliness" isn't without its limits). Routine demands for waiver of the attorney-client privilege and work product protections . A PRACTITIONER WHO DOES LITIGATION CONSULTING should document the circumstances of his of her hiring, log relevant phone calls and appointments, obtain an engagement letter from the lawyer, label the project's work product confidential, properly conduct client meetings, directly in voice the attorney (not the client), send reports directly to the lawyer and make sure engagement report materials are segregated from other work files. |
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