The Work Product Doctrine Self-Quiz
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?
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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?
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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?
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