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 .
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
The Hickman Court underscored the need for protection of "work product," but, more importantly, and perhaps for the first time, extended the doctrine to unwarranted inquiries into the files and mental impressions
, and hence opinions, of an attorney, dealing in that case with a discovery request for information and memoranda summarizing oral interviews of witnesses, i.
This work is reflected, of course, in interviews, statements, memoranda, correspondence, briefs, mental impressions
, personal beliefs, and countless other tangible and intangible ways.
Even when the showing has been made, however, the court "shall protect against disclosure of the mental impressions
, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.
Our minds are constantly bombarded with sensory inputs which are translated into the mental impressions
we have of our environment.
The work product privilege protects material that is prepared in anticipation of litigation or for trial--by an attorney, a person working for an attorney, or in some cases a nonattorney--and contains or reflects mental impressions
, thought processes, theories, opinions, or conclusions.
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.