9) Work product containing the subjective thoughts, legal theories, conclusions, opinions and mental impressions
of counsel receives almost absolute protection from discovery and must be produced only if the party seeking the documents shows an "extraordinary justification" for production.
They argued that it would unfairly require them to disclose their theory of the case, their mental impressions
of how to find relevant information.
lawyer's mental impressions
and conclusions about what is relevant
He examines various concepts of "the real world" and the ways mental impressions
have varied over time, the way that consumer demand is marshalled to construct the world we call "the economy," the impact of technological mediation on our practices of worlding, the "American Dream" as a contradictory and harmful worlding, how the power of individuals' worlding connects to institutions and larger structures, and the various trajectories of globalization.
Work product includes material gathered in anticipation of litigation that would reveal the theories, opinions or mental impressions
of the attorney.
The common law rule recognizes that a lawyer's work may be reflected "in interviews, statements, memoranda, correspondence, briefs, mental impressions
, personal beliefs, and countless other tangible and intangible ways-aptly though roughly termed .
However, under Rule 26(b)(3) of the Federal Rules of Civil Procedure (see sidebar), the mental impressions
, conclusions or opinions of attorneys or representatives of a party is protected from disclosure.
those containing the legal theories, opinions and mental impressions
of counsel, were immune from discovery even if shown to, used, reviewed and relied by an expert witness in reaching her opinion or used by her in preparing for testifying at a "trial deposition" or at trial.
And when the media report about the world's first billion-dollar house, which will be home to the family of India's richest individual, Mukesh Ambani, we are certainly impressed - and perhaps made a little insecure, too, by rapidly growing prosperity in a country that for years did not rank that much higher above Ethiopia in our mental impressions
of poverty on the planet.
I may be able to protect my mental impressions
, but that's all.
Material prepared by or for a party in preparation for a trial is subject to discovery only if it does not contain or disclose the theories, mental impressions
, or litigation plans of the party's attorney.
Most of the photographs appear to be single-exposure, but each is actually a montage of dozens of images, suggesting an accumulation of mental impressions