work product doctrine illinois

XL Insurance America Inc. The work product doctrine codified in the Federal Rules of Civil Procedure Rule 26b3 protects those docu- ments prepared in anticipation of litigation from discovery by an adversary in order to protect the mental impressions and litigation strategy retained by a partys attorney.

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WORK PRODUCT DOCTRINE UNDER ILLINOIS LAW The work product doctrine protects material prepared by or for a party in preparation for trial that contains theories mental impressions or litigation plans of the partys attorney See Ill.

. Federal work product doctrine encompasses all work performed by an attorney or his agent in anticipation of litigation. 1 the waiver is intentional. The Development of the Work Product Doctrine Although the work product doctrine had its origin in the common law Hickman v.

In determining when the work product doctrine is triggered the Northern District of Illinois recently held that rather than adopting a bright-line rule the issue should be decided on a case-by-case basis at the courts discretion. In determining when the work product doctrine is triggered the Northern District of Illinois recently held that rather than adopting a bright-line rule the issue should be decided on a. Any communication between yourself and an attorney is covered by the work product doctrine That communication can never be revealed to a judge unless you allow it.

Work Product Doctrine And Illinois Divorce. There are significant differences between the state and federal work-product rules. 26b3A makes it clear that documents produced by non-attorneys may also enjoy work product privilege.

A Checklist of key issues to consider when conducting a privilege review to determine whether documents and other materials should be withheld from discovery under Illinois work product doctrine including who can create work product what types of work product materials are protected whether the opposing party can overcome work product protection and whether the. Illinois Courts Deal With Privilege Presumptions. Attorney work product is another area in which Illinois law differs from federal law.

The work product doctrine does shield an attorneys mental impressions opinions and legal conclusions. 1991 discussing the theoretical justifications for work-product privilege. Attorney-client privilege and the work-product doctrine.

However under Rule 26 b 3 of the Federal Rules of Civil Procedure an adverse party may discover or compel disclosure of work. In Club Gene and Georgetti LP v. In determining when the work product doctrine is triggered the Northern District of Illinois recently held that rather than adopting a bright-line rule the issue should be decided on a case-by-case basis at the courts discretion.

The identity opinions and work product of a consultant are discoverable only upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject matter by other means. 2 the disclosed and undisclosed communications or information concern the. The material must consist of theories mental impressions or litigation plans of the partys attorney--facts are not covered by the work product doctrine.

Illinois protects only counsels theories mental impressions and litigation plans. When the disclosure is made in an Illinois proceeding or to an Illinois office or agency and waives the attorney-client privilege or work product protection the waiver extends to an undisclosed communication or information in any proceeding only if. WORK PRODUCT DOCTRINE FOR NON-ATTORNEY PRODUCED DOCUMENTS.

FRCPFRCP26b3 In some states work product protection is narrower. A Documents and Tangible Things. In contrast in federal court all materials.

3 Subject to the provisions of subdivision b4 of this rule a party may obtain discovery of documents and tangible things otherwise discoverable under subdivi-. Ordinarily a party may not discover. In Club Gene and Georgetti LP.

Attorney work product is protected under Illinois Supreme Court Rule 201 b 2 which provides in pertinent part that material prepared by or for a party in preparation for trial is subject to discovery only if it does not contain or disclose the theories mental impressions or litigation plans of the partys attorney. 359 38586 1990 discussing joint production whereby the. WOLFE SNOWDEN HURD LUERS AHL LLP.

For example in Illinois only opinion workproductmatter which discloses the. Work product doctrine11 In Illinois only opinion work product matter which discloses the theories mental impressions or litigation plans of a partys attorney is protected from discovery12 In contrast under the broader federal standard all work performed by an attorney or his or her agent in. Taylor8 was the seminal case in devel-oping the doctrine in its present form.

All courts agree that litigants asserting attorney-client privilege or work product protection must establish the protections applicability. Under Rule 201b all information that is privileged or protected at trial is also privileged during discovery. 4 Electronically Stored Information.

The work product doctrine is codified by FED. In that case the United States Supreme Court recognized a qualified immunity from discovery for the work product of an attorney9 According to the. Section of Litigation American Bar Association 2007 9781590318041 ISBN 9781634256636 pbk 1634256638 pbk 9781634256643 ebook 1634256646 ebook.

The doctrine applies to 1 material prepared by or for a party 2 in preparation for trial 3 which contains or discloses the theories mental impressions or litigation plans of the partys attorney. The Work Product Doctrine in Illinois In Illinois the information that is subject to discovery is governed primarily by Illinois Court Rules set by the state Supreme Court. The work product doctrine states that an adverse party generally may not discover or compel disclosure of written or oral materials prepared by or for an attorney in the course of legal representation especially in preparation for litigation.

Good law and protects intangible work product ie non documents and tangible things19 Ordinary work product. But courts take different positions. In order to meet the definition of work product the material must meet the following requirements.

And The material must have been prepared for the purpose of litigation or trial. Illinois Supreme Court Rule 201b2 defines the scope of the work product protection. Allen et al A Positive Theory of the Attorney-Client Privilege and the Work Product Doctrine 19 J.

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