Law Commons^™

The Uncertain Foundation Of Work Product, Michael A. Blasie

Faculty Scholarly Works

Work product is heavily litigated, extensively studied, and sorely misunderstood. Most blissfully accept it as a combination of codified rules and the seminal case of Hickman v. Taylor. This view settles for a superficial understanding that neither recognizes nor questions underlining assumptions. The codified rules are legislative mandates, Hickman is Supreme Court common law, and they define the doctrine differently. To understand its proper scope of work product, we must know the basis of Hickman v. Taylor, whether it can coexist with codified rules, and what happens when they conflict. This Article takes the novel view that work product is …

Law Library Blog (September 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Newsroom: Rwu Law Welcomes New Director Of Business Law Programs And The Corporate Counsel Externship Program July 19, 2017, Roger Williams University School Of Law

Life of the Law School (1993- )

New

Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan

Law School Blogs

No abstract provided.

Just And Speedy: On Civil Discovery Sanctions For Luddite Lawyers, Michael Thomas Murphy

All Faculty Scholarship

This article presents a theoretical model by which a judge could impose civil sanctions on an attorney - relying in part on Rule 1 of the Federal Rules of Civil Procedure - for that attorney’s failure to utilize time- and expense-saving technology.

Rule 1 now charges all participants in the legal system to ensure the “just, speedy and inexpensive” resolution of disputes. In today’s litigation environment, a lawyer managing a case in discovery needs robust technological competence to meet that charge. However, the legal industry is slow to adopt technology, favoring “tried and true” methods over efficiency. This conflict is …