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Full-Text Articles in Law
False Security: How Courts Have Improperly Rendered The Protections Of The Protective Order Illusory, Ramona L. Lampley
False Security: How Courts Have Improperly Rendered The Protections Of The Protective Order Illusory, Ramona L. Lampley
Faculty Articles
The protective order is perhaps one of the most useful and “taken for granted” discovery devices contemplated by the Colorado and Federal Rules of Civil Procedure. The purpose of a joint protective order in civil litigation is to permit the parties to produce business information without fear that the information will be disseminated publicly, and with a court order that the information be used only for purposes of the present litigation. Blanket protective orders serve the interests of a just, speedy, and less expensive determination of complex disputes by alleviating the need for and delay occasioned by extensive and repeated …
The Anticipation Misconception, Colin P. Marks
The Anticipation Misconception, Colin P. Marks
Faculty Articles
Many commentators and courts have cited to the Supreme Court decision of Hickman v. Taylor as the genesis of the work product doctrine and the requirement that, to be afforded protection, the material in question must be generated “in anticipation of litigation.” The oft quoted policy justification for the protection afforded is that attorneys should be allowed a “zone of privacy” within which to prepare their case for the client. This justification supports limiting protection only to work generated “in anticipation of litigation,” because, presumably, outside of this context there is no need for the “zone of privacy.” However, a …