Unlike the attorney-client privilege, the federal rules and most states recognize two kinds of work product protection: (1) fact work product, which the adversary can obtain if it has “substantial ...

Litigators frequently interview fact witnesses in pending or anticipated litigation settings. Their interview notes normally deserve fact work product protection, but that can be overcome if the ...

Lawyers, as a general rule, are not good interviewers. This important skill is vastly overlooked in law school training or in-house training at a law firm. Law students spend hours grinding through ...