☰ In this section

The Champion

November 2009 , Page 52 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

White Collar Crime

By Kathryn Keneally

Read more White-Collar Crime columns.

Textron and Work Product Immunity: The First Circuit Makes Bad Law

The best cases are often those in which the client engages counsel to remedy past business practices before the government has begun an investigation. The client’s issues might call for an internal investigation or a review of financial records by a forensic expert. The client might even be a potential whistleblower. There will, in many of these instances, be no hint of litigation on the horizon. And there may never be litigation — resolving the client’s challenges quietly may be the goal. Most criminal defense lawyers would go about handling these matters without even a second thought as to whether the notes and other documents created by counsel fall within the protection of work product immunity.

In its recent en banc decision in United States v. Textron,1 the U.S. Court of Appeals for the First Circuit stated: “Every lawyer who tries cases knows the touch and feel of materials prepared for a current or possible (i.e.,

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us

In This Section

Advertisement Advertise with Us