When is work product protected? What is work product?
When is work product protected? What is work product?
When papers, information i.e.: things are created or investigated for the attorney, in furtherance of the pending case, (or part of an investigation for a case to be filed, as are considered to be work product privileged. The documents will not likely have to be disclosed or produced at the proper timely objection is made. A review by the court will not take place if an objection is made since it is not automatic.
If an objection is made based on work product the objection must be in writing and communicated to the person seeking to obtain the confidential or work product information. There is a procedure where the information is disclosed to the court in a log, called a privilege log. This log is sent to the court for review, as part of the process for determining whether information or documents shall remain privileged. Failure to prepare and deliver a privilege log to the court will likely result in the objection raised based on privilege, as being overruled (not being protected); the procedure requires a log to be forwarded to the court of review, to determine if the work product privilege is proper and if the objection is properly raised.
