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 ...

The Witness Interview: Protecting Against Dangerous Informality When it comes to potential litigation, attorneys Dan Small and Michael E. Hantman caution against treating an informal interview as ...

Last week’s Privilege Point described a court’s review of a lawyer’s conversation with a witness and its conclusion that none of the conversation deserved the heightened opinion work product ...