Explain how to preserve privileged communication and work product.

Explain how to preserve privileged communication and work product.

Purpose of Assignment: The purpose of this assignment is to be able to explain privileged communication and work product, and demonstrate real world application of each privilege.

Course Competency: Explain how to preserve privileged communication and work product.

You are a paralegal who has been working on a case closely with your attorney. In assisting your attorney, you have had communications with the client, and also been involved in meetings with the client alongside your attorney. During discovery in this case, the opposing counsel requested copies of communications between you and the client, as well as copies of the timeline of events you prepared while reviewing the case file. Your attorney believes these documents are privileged and has refused to turn them over. The opposing attorney filed a motion to compel with the court, asking the court to order the documents be disclosed. Your attorney has asked you to prepare a memorandum in opposition to the motion to compel, using the format found in the Assignment Opposition to Motion to Compel Template . You should research the issues of privileged communication in your state, and prepare the response for your attorney. The response should address the issue of the privileged communications between you and the client, as well as the issue of whether the timeline prepared by you is considered protected work product. Your response must include case law, statutes and/or rules to support your arguments.

Format:

You should use the attached motion template provided by your attorney, and include sufficient case law, statutes and/or rules to support your arguments against disclosure of the requested documents. Be sure to employ proper spelling and grammar, and format your references in proper Bluebook format.

Resources:

Microsoft Word

LexisAdvance or FastCase