CPLR § 3101(c) Attorney's work product. The work product of an attorney shall not be obtainable.
CPLR § 3101(d) Trial Preparation (2) Materials
I have this post on my other blog, and don't feel like copying and pasting it. Head over there to check it out. Ok fine, here is some of it:
Insurance Fraud: Examinations Under Oath And Attorney-Client Privilege,
discusses the circumstances swhere EUO reports prepared by counsel will
be privileged and not discoverable.
and all the way to the bottom.
Under this analysis, it looks like SIU
reports, memos, files, emails, etc. are fair game. For more information
on this issue (not SIU, privilege in general), have a look at People v. Kozlowski, 2008 NY Slip Op 07759, (Ct. App., 2008), and a recent article in the NYLJ that discusses the Kozlowski case (also available in part HERE). For other cases that have addressed the privilege issue recently, click HERE.
Yup, no middle here, to see the middle, go over to the other blog.
bruteforcelawyer.com 