Does a Client Own the Entire File or Does Attorney Work Product Prevent Disclosure?
Full Question:
Answer:
The courts are divided on whether certain materials which are not original documents delivered to the attorney by the client, such as the attorney's notes, may be withheld as attorney work product privileged items. Work product rule is a principle that provides qualified immunity to the work product of an attorney from discovery or other compelled disclosure. The Supreme Court of Texas has ruled in favor of the client in allowing the client to obtain the lawyer's notes and other work product as long ans the attorney's been paid in full and othr conditions don't exist.
For a good discussion on the topic, please see:
http://www.mgovg.com/ethics/9ownfile.htm
http://search.yahoo.com/r/_ylt=A0oG7mGzl1JOC18A8opXNyoA;_ylu=X3oDMTE1am1pZWQ1BHNlYwNzcgRwb3MDMgRjb2xvA2FjMgR2dGlkA1ZJUDAyMl8xNDQ-/SIG=12lkgl3n9/EXP=1314064435/**http%3a//www.law.uh.edu/libraries/ethics/Opinions/501-600/EO570.pdf
