• Approaching a Level Playing Field: Work Product May Be Subject To Exemption Under Public Records Law
  • May 29, 2015 | Author: Brandon H. Moss
  • Law Firm: Murphy, Hesse, Toomey & Lehane, LLP - Quincy Office
  • Work product includes materials that are “prepared in anticipation of litigation or for trial by or for another party or by or for that other party’s representative (including his attorney . . . .)” Mass. R. Civ. P. 26(b)(3). Examples of work product are investigatory or consultant studies or reports, as well as documents containing the mental impressions of an attorney or consultant. In General Electric Corp. v. Department of Environmental Protection, 429 Mass. 798 (1999), the Supreme Judicial Court previously held that work product was not exempt from disclosure under the Public Records Law.