Jeffrey and Virginia M. Hambarian - Page 2




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               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 understatement             






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