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The last two Privilege Points (Part I and Part II) addressed the Supreme Court's abandoned attempt to address the abstract "primary purpose" versus "one significant purpose" privilege...
To embed, copy and paste the code into your website or blog: The work product doctrine requires: (1) litigation; (2) anticipation; and (3) motivation. And even though the work product doctrine rests on a single sentence in the Federal Rules, federal courts ironically take more varied approaches to the motivation element than they do toward the usually common law-based privilege protection. In Hempel v. Cydan Development, Inc., Case No. PX-18-3040, 2020 U.S. Dist. LEXIS 153208 (D. Md. Aug. 24, 2020), the court adopted the narrow “assist” standard in analyzing the work product motivation e...