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Should documents be created to assist the lawyer in providing advice?

It is usually best not to create new documents yourself without consulting with a lawyer first.

Any documents that you compose yourself should be for the purpose of seeking legal advice and should be in the form of a memo to an attorney. Ideally, they will state something like this:

 “Confidential Attorney Client Privileged and Work Product Document, Prepared by ___(fill in your name) on ___(fill in date) for the purpose of seeking legal advice and in anticipation of litigation.”

Be sure to maintain the confidentiality of any such documents that you do create by not sharing them with anyone but an attorney until you obtain legal advice about what to do with your information.

Again, it is best to seek and obtain legal advice before composing your own documents.

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