Although the work-product doctrine has received considerable attention before the courts in recent years, several issues regarding the scope and applicability of the doctrine remain controversial As a prelude to explaining the state of the law on these issues, the author examines the case law through which the doctrine developed and explores the doctrine's modern application through rule 26 of the Federal Rules of Civil Procedure. He next discusses the rule's various requirements and its treatment ofparticular categories of information including opinion work product andparty statements. Finally, Professor Cohn explains how the rule's protection may be waived and discusses the rule's operation with respect to subsequent litigation and aparty's use of experts. The author draws distinctions throughout the article between operation of the attorney- client privilege and the work-product doctrine and concludes that the work-product doctrine operates not as aprivilege that belongs to any party but rather as a protection for the adversary systetr.
71 Geo. L.J. 917
Scholarly Commons Citation
Cohn, Sherman L., "The Work-Product Doctrine: Protection, Not Privilege" (1984). Georgetown Law Faculty Publications and Other Works. Paper 1597.