Flashcards Studio

After a refinery explosion, RefineryCo's outside litigation counsel hired an investigator to interview night-shift workers. The investigator obtained signed witness statements three days after the explosion. Counsel also wrote a memorandum summarizing which witnesses seemed credible, what theories counsel thought would matter at trial, and which documents should be requested first. RefineryCo anticipated lawsuits when both the statements and the memorandum were prepared.
In a later federal civil action, Plaintiff seeks the signed witness statements and counsel's memorandum. Two workers who gave statements have since moved overseas and refuse informal interviews, but their names and job titles are known. Plaintiff argues she has substantial need because memories were freshest right after the explosion. RefineryCo asserts attorney-client privilege and work product.
How should the court analyze the requests? Discuss ordinary work product, opinion work product, substantial need, undue hardship, and the distinction between work product and attorney-client privilege.