An attorney at one law firm served a subpoena on another law firm. The subpoena requested all documents prepared by non-attorney staff in connection with a particular case. A paralegal at the firm had prepared a spreadsheet as part of an effort to calculate the client’s damages. The attorney’s subpoena will not succeed because the paralegal’s spreadsheet is protected by _________________________.
Explanation
Answer: C - Work-product privilege. “The work product of a legal assistant is subject to civil rules governing discovery of material prepared in anticipation of litigation [under the Federal Rules of Civil Procedure, Rule 26(b)(3), (5)].” NALA Model Standards and Guidelines for Utilization of Paralegals, Guideline 3, comment. Answer C is the correct choice because the paralegal’s spreadsheet is work product prepared in anticipation of litigation. Answer A is not the best choice because the spreadsheet was not communicated to the client. Answer B is not the best choice because the subpoena was a court order, which is an exception to client confidentiality.
