Topic: the burden of establishing that a document is work product … · Go Syfert
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Topic #19071

4 canonical passages across 4 cases, quoted by 21 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Hodges, Grant & Kaufmann v. United States Government.

#Case FlagCanonical passage Citers
1 Hodges, Grant & Kaufmann v. United States Government Anchor
ca5 · 1985
green “the burden of establishing that a document is work product is on the party who asserts the claim, but the burden of showing that the materials that constitute work product should nonetheless be disclosed is on the party who seeks their production.” 6
2 United States v. Robinson
ca5 · 1997
green “must prove: (1) that he made a confidential communication; (2) to a lawyer or his subordinate; (3) for the primary purpose of securing either a legal opinion or legal services, or assistance in some legal proceeding.” 5
3 United States v. Salinas-Garza
ca5 · 1994
green “at its core, the work-product doctrine shelters the mental processes of the attorney, providing a privileged area within which he can analyze and prepare his client's case.” 5
4 Equal Employment Opportunity Commission v. BDO USA, L.L.P.
ca5 · 2017
green “must prove: (1) that he made a confidential communication; (2) to a lawyer or his subordinate; (3) for the primary purpose of securing either a legal opinion or legal services, or assistance in some legal proceeding.” 5

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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