• To Produce or Not to Produce - That is the Question
  • June 30, 2012 | Author: Christian E. Boesl
  • Law Firm: Collins & Lacy, P.C. - Columbia Office
  • Your claim starts with the all too common red flag of whether this is an accepted or denied claim. You secure a statement from the claimant. While litigating this claim, your defense counsel recommends surveillance. You put surveillance on Claimant for three days and capture 15 minutes of Claimant doing work and activities in contradiction to his current out-of-work restrictions. Shortly after you review the surveillance report, you receive a subpoena from Claimant’s counsel requesting copies of “any and all statements, recorded statements and/or video surveillance¿” Do you have to produce the requested material? If you do produce the requested material, when are you obligated to do so? Finally, does the attorney work product doctrine protect you from having to produce the material?