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Question 1
Famous real estate developer (and favorite subject of legal scholars worldwide) Hilda Panth was on trial for tax evasion, and hired the equally-renowned legal "dream team" member Lawra Seisin to represent her. As you may have heard already, Lawra hired an accountant to put together a financial statement that Lawra can integrate into her notes for use during Hilda's trial. The government sought this statement as evidence in its case against Hilda. Hilda asks Lawra to object. Lawra explains to the judge that the government had access to every single piece of evidence related to Hilda's business and does not need Lawra's notes. What is the outcome?
Correct The work product doctrine holds that a lawyer's notes, crafted in preparation of litigation, will not be available for discovery unless an adversary can demonstrate an exceptional need. The reason is that the lawyer's thoughts and impressions are embedded in the notes, and the adversary would gain an unfair advantage in litigation by obtaining them. A lawyer must be free to strategize on behalf of a client without fear that her notes will be discovered. As such, answer (a) is correct. Choice (b) is incorrect, because the document is thus not available to the government. Choice (c) is incorrect because the document is still relevant, even though it is not discoverable.
Incorrect! The work product doctrine holds that a lawyer's notes, crafted in preparation of litigation, will not be available for discovery unless an adversary can demonstrate an exceptional need. The reason is that the lawyer's thoughts and impressions are embedded in the notes, and the adversary would gain an unfair advantage in litigation by obtaining them. A lawyer must be free to strategize on behalf of a client without fear that her notes will be discovered. As such, answer (a) is correct. Choice (b) is incorrect, because the document is thus not available to the government. Choice (c) is incorrect because the document is still relevant, even though it is not discoverable.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
A boat sank after hitting an iceberg in the freezing waters of the North Atlantic. The only witnesses to survive were two deckhands and a viola player in a string quartet that serenaded passengers, right up until the moment the boat and almost everyone aboard met an icy demise. A massive wrongful death suit was filed on behalf of passengers who passed away. To prepare for the litigation, the lawyer for the families of the deceased took a host of notes. A bunch of these notes were taken while the lawyer interviewed the three survivors. The notes contained details regarding what many crew members did in the final minutes of their lives. Apparently, the crew members tried to save their own lives instead of the lives of many women and children aboard the ship. The attorney for the families wanted to submit his notes as evidence to the court. What would a judge hold?
Correct
Incorrect!
Correct A lawyer on behalf of his client is entitled to waive work product privileges for documents prepared in anticipation of litigation. That is what the lawyer did here, so choice (b) is correct. The facts do not support the notion that the documents contain attorney-client privileged information, so (c) is incorrect. Choice (a) is incorrect, because, as stated, the author of the documents may waive work product privileges.
Incorrect! A lawyer on behalf of his client is entitled to waive work product privileges for documents prepared in anticipation of litigation. That is what the lawyer did here, so choice (b) is correct. The facts do not support the notion that the documents contain attorney-client privileged information, so (c) is incorrect. Choice (a) is incorrect, because, as stated, the author of the documents may waive work product privileges.
Correct
Incorrect!
Correct
Incorrect!
Question 3
You are reviewing corporate documents related to a big financial scandal. The CEO and CFO of a major corporation cooked their books to make stockholders think some losses were attributable to a previous financial quarter, when in fact, the losses were attributable to the most recent quarter. The federal government prosecutes the CEO and CFO in a criminal trial for fraud. The attorney representing the CEO puts together a set of notes for use at trial. The notes include financial figures gleaned from company books. The CFO's attorney hears about these notes and wants to get a hold of them, figuring his client's case is similar to that of the CEO, and that the notes might help in the CFO's defense. The CFO's attorney tells the judge that since he's not an adversary of the CEO, there is no reason why he should not be entitled to the notes. The CEO refuses to give them up. What would a judge hold?
Correct
Incorrect!
Correct
Incorrect!
Correct The work product doctrine applies to documents prepared by an attorney in preparation for litigation. There is no exception for requests for access to such documents by a non-adversary. Therefore (c) is the correct answer. Choice (a) is not necessarily a correct statement of fact, anyway. Since both the CEO and CFO are on trial, one might impute guilt to the other in defense.
Incorrect! The work product doctrine applies to documents prepared by an attorney in preparation for litigation. There is no exception for requests for access to such documents by a non-adversary. Therefore (c) is the correct answer. Choice (a) is not necessarily a correct statement of fact, anyway. Since both the CEO and CFO are on trial, one might impute guilt to the other in defense.