Elizabeth G. Thornburg

Rethinking Work Product

This article analyzes the traditional and law & economics explanations purporting to justify the exclusion of work product materials from discovery. It argues that none of these arguments are well founded and that, instead, the privilege increases costs and decreases the systems ability to produce appropriate settlements and accurate fact finding. To the extent that the privilege serves legitimate ends, narrower and more narrowly tailored protections would provide the necessary protection.

Work Product Rejected: A Reply to Professor Allen

This article responds to Professor Ronald Allens Work Product Revisited: A Comment pn Rethinking Work Product.