work product doctrine illinois

All courts agree that litigants asserting attorney-client privilege or work product protection must establish the protections applicability. Illinois work product doctrine was viewed more narrowly than the federal work product doctrine11 In Illinois only opinion work product matter which discloses the theories mental impressions or litigation plans of a partys attorney is protected from discovery12 In contrast under the broader federal.

The Work Product Doctrine in Illinois In Illinois the information that is subject to discovery is governed primarily by Illinois Court Rules set by the state Supreme Court.

. Ordinary work product is freely discoverable in Illinois. Information provided by an attorney to a litigation funder is similarly protected under work product doctrine as recently affirmed by the US District Court for the Northern District of Illinois. 2006 litigation to obtain properly discoverable information8 Work product consists of several types of information.

The various instruments of discovery now serve 1 as a device. Eral and Illinois work product rules and contrast the practical ap-plication of each. Generally where there is a mixture of unprivileged factual material and protected opinion work product such as attorneys notes and memoranda of oral conversations with witnesses or employees then these are not routinely discoverable unless the party seeking discovery can show that it is.

Work Product Overview The recognition of attorney work product protection was first for-mulated by the Supreme Court of the United States in Hickman v. Rule 201 - General Discovery Provisions a Discovery Methods. And 2 attorney product.

By contrast the Illinois work product doctrine protects only opinion work productthat is work product that reveals the attorneys theories mental impressions or litigation plans. A Checklist of key issues to consider when conducting a privilege review to determine whether documents and other materials should be withheld from discovery under Illinois work product doctrine including who can create work product what types of work product materials are protected whether the opposing party can overcome work product protection and whether. Generally where there is a mixture of unprivileged factual material and protected opinion work product such as attorneys notes and memoranda of oral conversations with.

In Urban 8 Fox Lake Corp. 2 research collected and memoranda prepared by the lawyer11 and 3 thoughts opinions and. 1 evidence and other facts9 collected by the lawyer and her10 agents.

Attorney work product privilege permits attorneys to withhold from production documents and other tangible things prepared in anticipation of litigation by or for another party or its representative. The work product doctrine. Work product doctrine was created as an outgrowth of that landmark decision4 Three decades later most state legislatures 1.

26 b 3. Depositions upon oral examination or written questions written interrogatories to parties discovery of documents objects or tangible things inspection of real estate requests to admit. But courts take different positions on whether any presumptions guide their analysis.

The Work Product Doctrine in Illinois In Illinois the information that is subject to discovery is governed primarily by Illinois Court Rules set by the state Supreme Court. 1 privileged communications between attorney client privilege. The Federal District Court for the Northern District of Illinois Eastern Division decided that correspondence between a ceding companys attorney and the companys reinsurers directly or through a reinsurance brokerintermediary is protected by the attorney work product privilege if the privilege would apply to the correspondence but for the.

There are two types of information covered by attorney-client privilege. FRCPFRCP26b3 In some states work product protection is narrower. In determining when the work product doctrine is triggered the Northern District of Illinois recently held that rather than adopting a bright-line rule the issue should be decided on a case-by-case basis at the courts discretion.

Nationwide Affordable Housing. The material must consist of theories mental impressions or litigation plans of the partys attorney--facts are not covered by the work product doctrine. 1 the waiver is intentional.

2 the disclosed and undisclosed communications or information. ZACHARIASDOC 1222005 111752 AM 130 UNIVERSITY OF ILLINOIS LAW REVIEW Vol. In determining when the work product doctrine is triggered the Northern District of Illinois recently held that rather than adopting a.

Attorney work product is another area in which Illinois law differs from federal law. When the disclosure is made in an Illinois proceeding or to an Illinois office or agency and waives the attorney-client privilege or work product protection the waiver extends to an undisclosed communication or information in any proceeding only if. As with attorney-client privilege work product privilege does not protect underlying facts.

Finally the overall effectiveness of the Illinois. The Court refused to require disclosure of documents relating to litigation finance in an antitrust suit ruling that the documents are protected from. The issue before the court is whether any of the documents that Canal claims are privileged from discovery are within the ambit of the work product doctrine.

Information is obtainable as provided in these rules through any of the following discovery methods. Tay-lor11 In Hickman a tugboat sank and five of the nine crewmen aboard died including Hickman12 Three days after this accident the tugboat. If the information requested in discovery meets either definition the party from whom it is requested can assert the privilege and refused to disclose the information.

Illinois Courts Deal With Privilege Presumptions. In Club Gene and. Attorney work product is protected under Illinois Supreme Court Rule 201b2 which provides in pertinent part that material prepared by or for a party in preparation for trial is.

In determining when the work product doctrine is triggered the Northern District of Illinois recently held that rather than adopting a bright-line rule the issue should be. 3d 427 432 1st Dist. WORK PRODUCT DOCTRINE UNDER ILLINOIS LAW.