7623 - Laserfiche WebLink

Home Browse Search

attorney (U. S. v. United Shoe Machinery Corp., 89 F. Supp. 357 [D. Mass, 1950]). Ordinarily, the information in question must come from within the government. (U.S. v. Anderson, 34 F.R.D. 518 [D. Colo, 1963]). The privilege extends to communications: a) from the agency to the agency attorney; b) from the agency to attorneys in two separate agencies representing the agency; c) from an agency to another agency acting as attorney for the first agency (Thill Securities Corp. v. N.Y. Stock Exchange, 57 F.R.D. 133 [1972]; U.S. v. Gates, 35 F.R.D. 524 [1964]); and d) between attorneys respresenting a single client or from the attorney to his client if the communication is based on the original confidential information communicated by the client. (Insur. of N.A. v. Union Carbide Corp., 35 F.R.D. 520 [D. Colo, 1964]). WORK PRODUCT PRIVILEGE Although the "work product" privilege applies only to material which is legal in nature, prepared by an attorney, relating to specific litigation and confidential (not communicated to or from outsiders), there is an excepted area covered that involves expert witnesses. This exception is the so-called "written memory" rule; a major exception receives only a qualified immunity. If substantial need under Rule 26(b) (3) F.R.C.P. can be demonstrated, together with a showing of due hardship in obtaining the material through other means, the court will permit discovery.2 CONCLUSIONS No rigid distinction can be drawn in the above discussion between trials in courts and administrative proceedings because lawyers have used increasing- ly the Freedom of Information Act (FOIA) to obtain those documents discover- able under court rules. Having complied with the mechanical requirements of 43 CFR Part 2, such as making a request in writing at the right office, a party is entitled to review and copy materials subject to some exceptions. 2 It should be noted that the requirement to show "good cause" under Rule 34 F.R.C.P. (Federal Rules of Civil Procedure) to obtain produc- tion of documents was deleted by the 1970 amendment to the rules, "relevance" being the general guide to production after that date. 10