Definition: Attorney-client privilege; work product

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Definition: Attorney-client privilege; work product

Post by whisper » Tue Oct 19, 2004 11:36 pm

attorney's work product
n. written materials, charts, notes of conversations and investigations, and other materials directed toward preparation of a case or other legal representation. Their importance is that they cannot be required to be introduced in court or otherwise revealed to the other side. Sometimes there is a question as to whether documents were prepared by the attorney and/or the client for their use in the case preparation or are documents which are independent and legitimate evidence.
See also: attorney-client privilege privileged communication work product

attorney-client privilege
n. the requirement that an attorney may not reveal communications, conversations and letters between himself/ herself and his/her client, under the theory that a person should be able to speak freely and honestly with his/her attorney without fear of future revelation. In a trial, deposition, and written questions (interrogatories), the attorney is required and the client is entitled to refuse to answer any question or produce any document which was part of the attorney-client contact. The problem sometimes arises as to whether the conversation was in an attorney-client relationship. If a man tells his neighbor who happens to be an attorney that he embezzled funds, is he doing so while seeking legal advice or just chatting over the fence (which is the test)? If a document was prepared as part of the legal preparation for a client, it usually is a "work product" and is also privileged. Similar privileges exist between pastor and parishioner and doctor and patient.
See also: attorney's work product privileged communication work product

Source: http://dictionary.law.com/definition2.a ... 2467&bold=||||
http://dictionary.law.com/definition2.a ... 2472&bold=||||

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