The Texas Tech University School of Law Digital Repository

Delicate and Difficult Task: Balancing the Competing Interests of Federal Rule of Evidence 612, the Work Product Doctrine, and the Attorney-Client Privilege

Show simple item record

dc.contributor.author Floyd, Daisy H.
dc.date.accessioned 2010-04-14T16:21:46Z
dc.date.available 2010-04-14T16:21:46Z
dc.date.issued 1996
dc.identifier.citation 44 Buffalo L. Rev. 101 en_US
dc.identifier.uri http://hdl.handle.net/10601/560
dc.description.abstract In deciding Hickman v. Taylor, the United States Supreme Court was charged with balancing a policy of liberal discovery with a basic tenet of the adversary system-that each party must develop and present its own case. In a mastery of understatement, the court noted: "[p]roperly to balance these competing interests is a delicate and difficult task." One of these tasks is to resolve the tension between the need for a party to have everything necessary to cross-examine a witness effectively and the policies underlying protection of information through the work product doctrine and the attorney-client privilege. The legal rules causing this underlying tension are Federal Rule of Evidence 612, Federal Rule of Civil Procedure 26(b)(3), and the rules surrounding attorney-client privilege. This Article suggests that the attempt to reconcile the rules has led to confusion and frustration in the courts that have considered the issue and that the confusion and frustration should be relieved by an amendment to Rule 612. Such an amendment would save parties and courts time, expense, and uncertainty, and would insure that the conflict is resolved consistently with congressional intent. The conflict has left trial courts bogged in discovery disputes and has led to inconsistent application of Rule 612. It also presents problems for the attorney who has a duty to properly prepare witnesses but wants to avoid waiver. en_US
dc.language.iso en_US en_US
dc.relation.uri http://heinonline.org/HOL/Page?handle=hein.journals/buflr44&men_hide=false&men_tab=citnav&collection=journals&page=101
dc.relation.uri http://www.lexis.com/xlink?showcidslinks=on&ORIGINATION_CODE=00142&searchtype=get&search=44%20Buffalo%20L.%20Rev.%20101
dc.relation.uri http://web2.westlaw.com/find/default.wl?fn=_top&rs=WLW8.02&rp=%2ffind%2fdefault.wl&mt=LawSchoolPractitioner&vr=2.0&cite=44+Buffalo+L.+Rev.+101
dc.subject discovery en_US
dc.subject evidence en_US
dc.title Delicate and Difficult Task: Balancing the Competing Interests of Federal Rule of Evidence 612, the Work Product Doctrine, and the Attorney-Client Privilege en_US
dc.type Article en_US


Files in this item

Files Size Format View
dfloyd4.pdf 1.756Mb PDF View/Open

This item appears in the following Collection(s)

Show simple item record

Search ScHOLAR

Browse

My Account