Internal Investigations: Law on Work Product & Attorney-Client Privilege

Following up on a recent Public Chatter blog in a series about internal investigations, note that Federal Rule of Evidence 502(g) states:

(1) "Attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications; and (2) "Work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial. The work-product privilege is more comprehensive than attorney-client privilege. Whereas the attorney-client privilege includes only communications between an attorney and the client, work product includes materials prepared or collected by persons other than the attorney or someone working for them with an eye towards the realistic possibility of impending litigation. To read the full article on the Public Chatter blog, click here.