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Essay / Research Paper Abstract
3 pages in length. Hickman v. Taylor set a precedent for protecting more than simply what was covered by attorney-client privilege, inasmuch as other considerations of conclusions, legal theories, opinions and mental impressions lacked any type of privilege protection. The extent to which one attorney's attempt to ascertain another attorney's case notes served to instigate Hickman v. Taylor is both grand and far-reaching; that this case reached the United States Supreme Court where it was determined that such an attempt "falls outside the arena of discovery and contravenes the public policy underlying the orderly prosecution and defense of legal claims" speaks to what "work product of the lawyer" is designed to protect. No bibliography.
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3 pages (~225 words per page)
File: LM1_TLCHickman.rtf
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Unformatted sample text from the term paper:
type of privilege protection. The extent to which one attorneys attempt to ascertain another attorneys case notes served to instigate Hickman v. Taylor is both grand and far-reaching; that
this case reached the United States Supreme Court where it was determined that such an attempt "falls outside the arena of discovery and contravenes the public policy underlying the orderly
prosecution and defense of legal claims" speaks to what "work product of the lawyer" is designed to protect. The heretofore unknown phrase became the legal agent by which lawyers were
safe from disclosing pertinent information in relation to "interviews, statements, memoranda, correspondence, briefs, mental impressions, personal beliefs, and countless other tangible and intangible ways..." that would otherwise jeopardize the manner
by which the clients case was tried. While the Court ruled " the memoranda, statements and mental impressions in issue in this case fall outside the scope of the
attorney-client privilege and hence are not protected from discovery on that basis," it was not content to allow this information to be readily available for discovery and devised a way
to protect it. A component of Rules of Criminal Procedure and Rules of Civil Procedure, the work product doctrine brought into existence through Hickman v. Taylor focuses its application
upon defending discovery of tangible components whereby the lawyer has prepared them with the intent of future litigation; without the prerequisite of illustrating significant necessity for said documents and/or other
items protected by the doctrine, the discovery-seeking party has no right to obtain them. The reasons for implementing the "work product of the
lawyer" was to protect the integrity inherent to the overall system of law by acknowledging how it is "essential that a lawyer work with a certain degree of privacy, free
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