Tuesday, February 16, 2016 3:00-4:15 pm ET (12:00-1:15 pm PT) | Web
Cost $59 | Cancelled

Every state has its own work product doctrine, but there are some basic themes that nearly every state recognizes. This webcast will cover the basic principles, which almost by definition arise in a litigation setting.


Why is this topic relevant?

The work product doctrine differs dramatically from the related attorney-client privilege. Judges should understand these differences, and the basic principles governing the work product protection (recognizing that they will have to check their own court rule for any local variations).


After this webcast, you will be able to:

  • Identify the critical differences between the attorney-client privilege protection and the work product doctrine.
  • Describe the three basic elements of work product protection: litigation; anticipation; motivation.
  • Distinguish between fact and opinion work product (including the latter’s recognition in some states under what is called the Sporck doctrine).
  • List the ways in which fact and sometimes even opinion work product protection can be overcome.
  • Apply waiver principles in the work product context, which differ dramatically from those involving attorney-client privilege protection.


Thomas E. Spahn, partner, McGuireWoods, LLP, commercial litigator