Case summary CHAPTER 5
1. Should the information gathered by the law firm be made available, or is an attorney’s
work product privileged and not subject to discovery?
Each party should show relevant evidence inform of testimony, authentic documents or physical
evidence that is presented to the jury.
2. If an attorney’s work product is declared privileged in corporate –versus –individual
cases, does this give a corporate defendant a tremendous advantage in a suit by an
individual plaintiff? That is, can the corporate defendant create a veil of secrecy over all
the pertinent facts it can collect after the claim arises by merely asserting that such facts
have been gathered by its large staff of attorneys?
No. Each party should have prior awareness of the submitted evidence early enough.
3. In its decision, the U.S Supreme Court said, “Historically, a lawyer is an officer of the
court and is bound to work for the advancement of justice while faithfully protecting the
rightful interests of his clients. In performing his various duties, however, it is essential that
a lawyer work within a certain degree of privacy, free from unnecessary intrusion by
opposing parties and their counsel. Do you agree or disagree with this position? Why or
why not?
I agree with the position. A lawyer should assemble the case, go through the provided
information sorting information as either relevant or irrelevant. Eventually, the lawyer should
device a strategy and communicate it with his clients.
