Sherrel and Leslie Stephen Jones - Page 19




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          was faced with the narrow question of ownership of notes, working           
          papers, drafts, and internal memoranda written by the attorney,             
          over which the client in that case asserted an ownership interest           
          superior to that of her attorney.  Id. at 96.  The materials in             
          issue in this case are distinguishable from those in the Corrigan           
          case because they are not petitioner’s work product and do not              
          contain his ideas, opinions, or impressions.  See id.                       
               Because the materials are not work product, it is not                  
          necessary for us to determine in this case whether Oklahoma would           
          follow the majority or minority view with regard to ownership of            
          case files.  We are aware of no court that has held that clients            
          have no ownership interests in their respective case files.                 
          Rather, as we have summarized above, all jurisdictions that have            
          considered explicitly the issue of ownership of case files have             
          held that clients have superior property rights in at least those           
          items in the case file that are not the attorney’s self-created             
          work product.  Those courts that have reserved a property right             
          to the attorney have done so only with regard to the attorney’s             
          personal notes, working drafts and papers, and internal                     
          memoranda.  The materials in issue in this case fall outside of             
          this work product exception.  Thus, under either approach, the              
          documents in issue in this case belong properly to petitioner’s             
          client, McVeigh, and not to petitioner.  Petitioner, in effect,             
          was merely the authorized and incidental custodian of the copies            







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