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References in periodicals archive ?
"Attorneys Coloian and Calabro accepted from Rahn the Brady Sullivan documents she had taken during the period of her employment in disregard for whether those documents constituted evidence taken in violation of the legal rights of Brady Sullivan and in disregard for whether any of the documents contained Brady Sullivan's privileged attorney-client communications and attorney work product," the magistrate continued.
But Lewis did say it affected attorney work product. Fact-based work product is discoverable under the amendment, he wrote, while opinion work product, based on the attorney's observations, conclusions, advice, and speculations, is not.
The attorney's work is reflected in interviews, statements, memoranda, correspondence, briefs, mental impressions, personal beliefs, and countless other tangible and intangible ways--aptly termed as attorney work product. The effect on the legal profession of opening that work product up to opposing counsel would be demoralizing and the interests of the client and the cause of justice would be poorly served.
Obviously, if an appraisal was undertaken by the appraiser prior to any conflict among parties, such appraiser was not initially retained by the attorney to testily, and thus the appraiser's work file would not be protected by the attorney work product doctrine.
The fact-based analysis in Cotton States is more consonant with Florida's ordinary business records doctrine and the policy underlying the attorney-client and attorney work product privileges.
The Board also asked for briefing on whether information that is not considered a protected "witness statement" under Anheuser-Busch should nevertheless be protected from disclosure as attorney work product and under what circumstances work product protection should attach.
(6) The Supreme Court was questioning whether to create a new privilege for independent auditor workpapers, (7) not whether tax accrual workpapers prepared by a corporation's legal counsel were protected under the attorney work product doctrine.
1963) (holding statements made pursuant to federal regulations do not constitute attorney work product).
As discussed in more detail below, some intellectual property--including attorney work product and firm know how--may transcend particular client files, and neither law nor ethics norms adequately address proprietary interests in such property.
The ABA warned the proposal could undermine protections afforded by the attorney-client privilege, attorney work product doctrine and the tax practitioner privilege of IRC [section] 7525.
(12) First, the trial court ruled that the three documents were "generally protected from discovery as attorney work product because they were created in anticipation of future litigation over the tax treatment" of the partnerships.
TEXTRON ATTRACTED A GREAT deal of scrutiny for its holding that tax accrual workpapers prepared by counsel are not attorney work product. Many believed the case was headed for the Supreme Court.
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