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32 St. Mary's L.J. 197 (2000-2001)
Has the Fog Cleared - Attorney Work Product and the Attorney-Client Privilege: Texas's Complete Transition into Full Protection of Attorney Work in the Corporate Context

handle is hein.journals/stmlj32 and id is 207 raw text is: ST. MARY'S LAW JOURNAL
VOLUME 32        2001         NUMBER 2

ARTICLE
HAS THE FOG CLEARED? ATTORNEY WORK PRODUCT
AND THE ATTORNEY-CLIENT PRIVILEGE: TEXAS'S
COMPLETE TRANSITION INTO FULL PROTECTION OF
ATTORNEY WORK IN THE CORPORATE CONTEXT
FRED A. SIMPSON*
I. Introduction ................................ 199
II. Attorney-Client Privilege: Historical Overview ....... 204
A.  Origins of the  Privilege ............................  204
1. Broadening the Privilege into the Corporate
R ealm   ........................................  205
2. Creation of the Control Group Test .......... 207
B. The Modern Federal Approach: A Rejection of
the Control Group Test ........................... 209
1. Development of the Subject Matter Test ...... 210
* Partner in the Houston Litigation Section of Jackson Walker L.L.P. Mr. Simpson
acknowledges the basic research and writing of Gregorio W. (Willie) Hernandez, Staff
Attorney with the IBM Corporation, Dallas, Regional Counsel's Office. Mr. Simpson also
acknowledges the invaluable editing, comments, and suggestions of Richard L. Hathaway,
J.D. Candidate 2001.

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