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Jane T (LLC)
Jane T (LLC), Attorney
Category: Business Law
Satisfied Customers: 8435
Experience:  Worked in corporation's law department; business formations, formalities, and other business matters
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a plaintiff would not necessarily know until the trial what

Customer Question

a plaintiff would not necessarily know until the trial what the defendant’s defense was going to be. In the last several decades, however, new rules of discovery have substantially changed this situation. Now each attorney can access practically all of the evidence that the other side intends to present at trial, with the exception of certain information – namely the opposing attorney’s work product. Work product is not a precise concept. Can you see any reason why such information should not be made available to the opposing attorney? Discuss fully.
Submitted: 5 years ago.
Category: Business Law
Expert:  Jane T (LLC) replied 5 years ago.

Jane T (LLC) :

Hi, do you need a required length for this discussion? Do you need citations?

Customer:

no ...its just homework....if you use a citation it can help....no lenght necessary

Customer:

just a plain asnwer for the question

Customer:

are u going to the asnwer the question....I am confuse....I cannot accept if I don't see an answer

Jane T (LLC) :

Hi, I needed to get your answer first, before I answered.

Jane T (LLC) :

The reason attorney work product cannot be shared is that it contains discussions about the attorney's strategy and legal reasoning as he or she prepares the case. While evidence and information is objective, attorney work product is subjective and provides the key reasoning and logic, as well as attorney-client confidential information that should never be shared, with others. Providing this would give the other side every last thought and belief an attorney and his or her client have. While discovery provides clues about what a strategy may be and what an attorney may argue, attorney work product reveals far too much about everything a client and his or her attorney have been thinking about and look at. It goes beyond what discovery is meant to do and essentially helps the other side learn exactly how to defeat the opponent.

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