A Video Explaining the Work Product Protection and Insurance Investigations

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The work product doctrine was recognized in Hickman v. Taylor, 329 U.S. 495 (1947) which established a qualified privilege for certain materials prepared by an attorney acting for his or her client in anticipation of litigation:

Were such materials open to opposing counsel on mere demand, much of what is now put down in writing would remain unwritten. An attorney’s thoughts, heretofore inviolate, would not be his own. Inefficiency, unfairness and sharp practices would inevitably develop in the giving of legal advice and in the preparation of cases for trial. The effect on the legal profession would be demoralizing. And the interests of the clients and the cause of justice would be poorly served.