A question many practitioners may face is who “owns” the documents and other material made and stored during the course of a representation: the client, the attorney or the attorney’s law firm? The answer to that question may dictate whether or when and to whom such information must be disclosed.

This issue can be even more complicated when considering requests for the file—from a client or third party—with regard to work-product materials created by the attorney during the course of the representation. Unlike communications that may be protected by the attorney-client privilege, the work-product doctrine, as recognized by the U.S. Supreme Court in Hickman v. Taylor, generally relates to materials that reflect the attorney’s thoughts, observations, strategy, or other mental processes.

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