What is the difference between work product privilege and attorney-client communication privilege?
Asked by: Prof. Bernice Jacobson | Last update: July 21, 2025Score: 4.7/5 (27 votes)
While the attorney-client privilege deals with communications made for purposes of the representation, the work product doctrine deals with the attorney's mental impressions and work made to further the representation.
What is the difference between attorney-client privilege and attorney work product privilege?
However, the work product doctrine is also narrower than the attorney-client privilege because its protections extend only to documents and other tangible things that are prepared in anticipation of litigation. In addition, work product protection is not absolute.
What are the 3 main privileged communications?
In addition to attorney-client privilege and conversations with medical professionals and religious officials, privileged communications include those between two spouses, accountant, and client, and, in some states, reporters and their sources.
What work product privilege allows communication between a lawyer and a client to remain confidential?
Attorney-Client Privilege in California – Evidence Code § 954. The California attorney-client privilege under Evidence Code § 954 ensures that any private communication between you and your attorney remains confidential and protected from disclosure to any third party.
What is the difference between attorney-client privilege and duty of confidentiality?
While the duty of confidentiality allows disclosure in certain situations, such as when disclosure is necessary to abide by a court order, the privilege, if it applies to a communication, prevents court compulsion. Each doctrine has it exceptions and nuances different from those of the other doctrine.
Privilege and Work Product Doctrine
Does work product have to be prepared by an attorney?
Unlike the attorney–client privilege, which includes only communications between an attorney and the client, work product includes materials prepared by persons other than the attorney themselves: The materials may have been prepared by anybody as long as they were prepared with an eye towards the realistic possibility ...
What is an example of attorney-client privilege?
Attorney-client privilege extends to intended documents that weren't delivered. For example, if you mail your attorney relevant documents that get lost in the mail, the contents are still covered under attorney-client privilege.
What is an example of a work product privilege?
Usually, an opposing party may not discover or compel disclosure of work product. As examples, it can be a client's description of the events or facts when seeking legal advice; exchanges between lawyer or client investigating the facts; and the actual legal advice given.
What does it mean to say the transcript is work product of the hiring party?
California's attorney work product doctrine, codified in Section 2018.030, sets forth both an absolute and a qualified privilege: (a) A writing that reflects an attorney's impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances.
Which of the following may not be protected under the attorney-client privilege?
MATTERS NOT PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE
The factual circumstances surrounding the communications between an attorney and a client, such as the date of the communication and the identity of persons copied on correspondence, are likewise not privileged.
Does attorney-client privilege extend to power of attorney?
It follows, then, that the protections of the attorney-client privilege do, in fact, attach to communications made within the scope of a power of attorney arrangement.
What are the three types of privilege?
- Ability: Being able-bodied and without mental disability. ...
- Class: Class can be understood both in terms of economic status and social class, both of which provide privilege. ...
- Education: Access to higher education confers with it a number of privileges as well.
Can your former attorney testify against you?
Overview. The attorney-client privilege is one of the oldest and most respected privileges. It prevents a lawyer from being compelled to testify against his/her client.
How long does work product privilege last?
How long does it last? The privilege generally lasts forever, unless it is later waived. Some (but not all) courts hold that work product protection ends with the termination of the litigation for which it was created.
What is the key difference between the attorney-client privilege and the accountant client privilege?
One major difference between the practice of attorneys and that of accountants has historically been the privilege of confidentiality extended in attorney-client communications, and the lack of confidentiality in accountant-client communications.
How to label an attorney work product?
Label privileged communications and attorney work product as such. In top line write “Attorney-Client Privileged Communication,” “Confidential” and/or “Attorney Work Product,” and set it off with capital letters, bold or different font color. Conversely, do not over-label.
What is the difference between attorney-client privilege and work product?
While the attorney-client privilege deals with communications made for purposes of the representation, the work product doctrine deals with the attorney's mental impressions and work made to further the representation.
What is an example of a work product?
Work Product means the tangible or intangible results of Grantee's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts.
Who owns the work product privilege?
Who Owns the Protection? Work product protection is a type of privilege that belongs to the attorney and may be claimed or waived by the attorney. However, it may also be claimed by the client on behalf of the attorney in the attorney's absence.
How do you assert work product privilege?
In order to fall within the fact work-product privilege, documents and tangible things must be prepared in anticipation of litigation or for trial. Courts recognize that it is often difficult to determine what is and what is not prepared in contemplation of litigation.
Which of the following would be considered a work product?
Work product protection generally extends to “derivative” material, or anything created by or derived from an attorney's work on behalf of a client that reflects the attorney's evaluation or interpretation of the law or facts involved. Anything that's purely evidentiary is not protected.
Are communications between an attorney and an expert privileged?
The attorney-client privilege means that certain communications between the attorney and the expert will not be disclosed to the other side. The only thing the other side gets to see is the materials that the expert relied upon in forming his or her opinion.
Are emails protected by attorney-client privilege?
The attorney-client privilege maintains the confidentiality of certain communications, made between attorneys and their clients, for the purpose of seeking or providing legal advice. The privilege protects communications made orally or in writing, in person or over the telephone, in letters or in emails.
How to mark something as attorney-client privilege?
Rule 3: Label the top of the communication or the subject line of an email: "Privileged and Confidential: Attorney-Client Privileged Communication." This notice should be prominent and easily viewable as soon as someone receives the communication.
What is the burden of the attorney-client privilege?
The party seeking to invoke the attorney-client privilege has the burden to show that the attorney-client relationship existed, the communication was confidential, and the privilege was not waived. This showing can be nuanced.