- 2 - attorney’s selection of the particular documents reflects his mental impressions and is therefore protected work product. The documents sought are otherwise discoverable. Held: The mere selection of particular documents by P’s defense attorney does not automatically transmute the documents into work product. Held, further, as P has failed to make the requisite showing of how the disclosure of the documents selected would reveal the defense attorney’s mental impressions of the case, the requested documents and computerized electronic media are not protected by the work product doctrine. Mark M. Hathaway and James D. McCarthy, Jr., for petitioners. Louis B. Jack and Nicholas J. Richards, for respondent. OPINION GERBER, Judge: Respondent moved to compel the discovery of documents and computer searchable electronic media from petitioners. The documents were obtained by Jeffrey Hambarian’s (petitioner’s) defense attorneys in a criminal case. Petitioners refused to turn over the documents, asserting the protection of the work product doctrine. In particular, we consider whether the selection of particular documents from a larger universe causes otherwise discoverable documents to become protected work product. Background These consolidated cases involve determinations that petitioners’ income was understated and that the understatementPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011