Work Product Doctrine

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Time
1 hour 49 minutes
Difficulty
Intermediate
CEU/CPE
2
Video Transcription
00:00
our final lesson in module seven,
00:03
less than 7.5 is on the work product doctrine, and we previewed this when we were talking about the federal rules off civil procedure.
00:14
In this video, we're going to discuss the work product doctrine and what it is. It's important for you to understand this because this is the doctrine and the
00:23
that allows a lot of our work to not be discoverable.
00:29
Ordinarily, a party may not discover documents or tangible things that are prepared in anticipation of litigation or for trialing by or for another party or its representatives.
00:44
However, Rule 26 B three A and B protect communications between the party's attorneys in any witnesses required to provide a report under Rule 26 A. To be regardless of the form of the communication X step, to the extent that the communications
01:03
relate to compensation,
01:06
identify, fax or data that the party's attorney provided
01:08
and that the expert considered informing their opinions or identifies assumptions that the party's attorneys provided and that the expert relied upon
01:19
the key thing here is to understand that
01:23
any communication that you rely used and relied upon cannot be considered privileged However, those items that are
01:34
related are not related to
01:40
decisions that you've made. So emails such as having a conversation about
01:46
when
01:47
you're gonna have your deposition or details behind
01:53
arranging the deposition or anything that's been done that is not going to be relied upon
02:00
as part of your opinions
02:04
is protected.
02:06
And we'll talk about why this is so important, why we have two different types of the
02:09
of
02:12
experts
02:13
and why
02:14
being a consulting expert is very different from being a testifying expert on what that designation really means.
02:23
In this video, we discussed the work product doctrine.
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