What is the Kovel doctrine?

What is the Kovel doctrine?

The Kovel doctrine, set forth in United States v. Kovel, 296 F. 2d 918 (2d Cir. 1961), describes the parameters for the extension of the attorney-client privilege to non-attorney third parties. Kovel now regularly informs how courts evaluate the privilege for third party disclosures.

What is covered under the work product doctrine?

The work product doctrine states that an adverse party generally may not discover or compel disclosure of written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation.

What is the common interest doctrine?

The doctrine that allows separately represented parties with common legal interests to share information with each other and their respective attorneys without destroying the attorney-client privilege. It is also known as the joint defense doctrine.

Where does the work product doctrine come from?

History. The work-product doctrine originated in the 1947 case of Hickman v. Taylor, in which the Supreme Court affirmed a United States Court of Appeals for the Third Circuit decision which excluded from discovery of oral and written statements made by witnesses to a defendant’s attorney.

What is a Kovel accountant?

The term Kovel accountant is based upon the case of United States v. Kovel, 296 F. Kovel accountants are hired when a tax attorney is concerned that conduct by his client, or in some cases lack of conduct, could result in criminal tax charges being brought.

What does confidential and privileged mean?

Privileged and confidential communication is the interaction between two parties having a legally protected, private relationship. The party receiving privileged information must keep it private and confidential, unless the discloser waives the privilege.

What is included in work product?

The general rule is that legal research, records, correspondence, reports, or memoranda are attorney work product to the extent that they contain the opinions, theories, strategies, mental impressions, or conclusions of the client, the attorney, or persons participating in the case with the attorney, such as a jury …

What is the meaning of common interest?

Common Interest means employers engaged in the same or substantially similar industry, trade, commerce or profession, including political subdivisions of this Commonwealth. Common Interest means a partnership interest in the Partnership that is not a Preferred Interest.

Does the common interest doctrine apply to work product?

The common interest doctrine is “a nonwaiver doctrine, analyzed under standard waiver principles applicable to the attorney-client privilege and the work product doctrine.” (OXY Resources California LLC v. Superior Court (2004) 115 Cal. App.

What is legally privileged material?

Related Content. Privilege entitles a party (or their successor in title) to withhold evidence from production to a third party or the court. This evidence may be either written or oral.

How does privileged and confidential work?

Privileged and confidential communication is the interaction between two parties having a legally protected, private relationship. Law cannot force such parties to disclose the content of communication made between them.

Is work-product doctrine hyphenated?

Often stated as the work-product doctrine1 or even the work-product rule. Further, some present the privilege using a hyphen, as in attorney-work product. “Were such materials open to opposing counsel on mere demand, much of what is now put down in writing would remain unwritten.

How are confidential documents used in the discovery process?

One way this is done is through Confidentiality Agreements. Confidentiality Agreements are agreements made at the initiation of Discovery which describe what sort of documents are privileged and confidential, under what circumstances they may be used, and what happens if privileged or confidential information is inadvertently released.

What does the work product doctrine apply to?

Nationwide Mutual Ins. Co. v. Flemming, 924 A.2d 1259 (Pa. Super. 2007). The work product doctrine, on the other hand, applies to documents and communication that contain the thoughts and mental impressions of a lawyer who is preparing a case. (https://lawshelf.com/courseware/entry/the-work-product-doctrine).

Can a court order confidentiality in a discovery?

Court-Ordered Confidentiality in Discovery, Howard M. Erichson, Chicago-Kent Law Review, Volume 81. In practice, a good cause standard in a Confidentiality Agreement would require a party which designates a document or communication as confidential or privileged to briefly explain the basis and need for such a designation.

What is the privileged information that is excluded from discovery?

FRCP 26 (b). This rule begs the questions: what is the privileged information that is excluded from Discovery? Typically, privileged information is information protected by attorney-client privilege or the work product doctrine.