Distinctive Investigations

Work-product privilege: the more we know, the better we can protect our investigations and assert our rights under the doctrine.

Our first post comes from the Florida Bar Journal. In this article, Attorney Thomas D. Sawaya gives a very thorough history of the doctrine and explains how the Court differentiates between the two types of work product: "fact" and "opinion".

The Work-Product Privilege in a Nutshell The work-product privilege or doctrine1 originated in the seminal case of Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947, in which the U.S. Supreme Court held that statements of witnesses obtained by an attorney prior to trial were privileged and thus protected from discovery. The Court reasone...

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CDITC National Criminal Defense Investigation Academy
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June 12-16, 2023 - Hutchinson Island - Jensen Beach, Florida -

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Forensic Science Applications for the Criminal Defense Investigator
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