An accident, such as an injury to a child on another’s property, can spur several investigations, which likely involve several parties. As these play out, it’s critical to preserve the work-product privilege to the greatest extent possible.
Each investigation is, to some degree, protected by Texas’ work-product doctrine. Texas Rule of Civil Procedures 192.5 shields “material prepared or mental impressions developed in anticipation of litigation” from discovery. This privilege extends to “a party’s representatives” including consultants, insurers, employees and agents.
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