Legal Nurse Consulting News: Legal Nurse Work Product in Litigation
Monday, April 20, 2009
The work product doctrine, as described by the Federal Rules of Civil Procedure (FRCP), ordinarily protects documents and tangible things that are prepared in anticipation of litigation or for trial by the attorney. Furthermore, the FRCP indicates the work-product doctrine includes any material prepared by persons other than the attorney, e.g. the Legal Nurse, as long as the materials were prepared with a real possibility of an impending litigation. Consequently, if an attorney hired you to write a report for a case that is in the early stages of litigation, that report will be protected by the work product doctrine.
If an outside party was able to view your work product because of your carelessness, the doctrine may be quashed and the opposing side then would be able to obtain it. For that reason alone, you should always safeguard your work product in a secure environment.
If an outside party was able to view your work product because of your carelessness, the doctrine may be quashed and the opposing side then would be able to obtain it. For that reason alone, you should always safeguard your work product in a secure environment.