Work Product – Electronic Discovery Law

Addi v. Corvias Management-Army, LLC (D. Md. 2021)

Sep 21 2021

Key Insight: Work-product privilege protects documents prepared in anticipation by a party, its attorneys, or its consultants and agents. A consulting expert’s analysis and reports is protected work product. However, a consulting expert becomes a fact witness when it also acts a scheduler, inspector, or remediator. No protection would apply to those activities. The capacity in which the third party was acting will determine whether documents are work product. Raw data is not protected. However, the decision that certain subsets or compilations of data are relevant in advising the client or preparing the defense is protected. Opinions regarding such information to assist in advising or preparing the defense are also protected.

Nature of Case: Class Action, Tort

Electronic Data Involved: Raw Data, Report Logs, Electronic Documents Generally

Case Summary

Lake v. Charlotte County Board of County Commisioners (M.D. Fla. 2021)

Jun 09 2021

Key Insight: Communications between a party and its hired legal consultant are work product if they are generated in anticipation of litigation. Work product containing mental impressions, conclusions, opinions, or legal theories concerning the litigation is rarely discoverable and enjoy “near absolute immunity.” Documents subpoenaed from the legal consultant still retain work product privilege.

Instead of providing privilege logs, the court allowed the legal consultants to categorically withhold or redact privileged communications so long as they provided a certification that none of withheld or redacted documents were distributed to or reviewed by any other third parties. In lieu of such certification, the legal consultants would have to produce a privilege log.

Nature of Case: Property, Eminent Domain

Electronic Data Involved: Email, Electronic Communications

Case Summary

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