Imagine two very common scenarios. At the end of a representation, the client asks for a copy of “the file” maintained by the attorneys. In another instance, an attorney receives a subpoena requesting documents related to a former representation. In both circumstances, attorneys may have a general understanding or knowledge or what materials make up “the file” or may be responsive to a subpoena. The complicating question can be, what else is encompassed within that request? Must all attorney-generated documents—such as memos or notes—be provided as part of the client file or in response to a subpoena?

While the client file typically includes nonpublic materials, such as communications between attorney and client, along with pleadings and other public materials, the client may also seek outlines or drafts, internal communications, memoranda, legal or other research, or even the attorney’s handwritten notes. Depending on the jurisdiction, this type of request may compel the attorney or firm to consider whether and to what extent the client is entitled to documents that constitute the attorney’s work product.