Fitzgerald's Proof Chart In The Great Gatsby
First, I will address Fitzgerald’s proof chart. Then I will address Carraway’s appraisal report. 1. The objection on work product grounds should be well-taken on Fitzgerald’s proof chart. Work product protection protects documents from disclosure if they are prepared in anticipation of litigation or for trial, and by or for a party or a party’s representative which includes attorneys, consultants, sureties, indemnitors, insurers, and agents. The proof chart was prepared because of the realistic prospect of litigation. Gatsy retained an attorney to represent him on this issue before the proof chart was prepared. The attorney requested the proof chart when he believed there was a strong fraud claim. The chart lists evidence that can be used to …show more content…
Opinion work product is more difficult to obtain than fact work product. What is required to obtain opinion work product varies by court. As a minimum starting point, we look at what is required to overcome fact work product protection. First, the document requested needs to be relevant and proportional to the needs of the case. Fitzgerald’s proof chart is relevant because it directly bears on the claim. It outlines Gatsby’s ability to pursue the claim which is what Buchanan will defend against. The request is proportional because there is no significant cost to providing the defendant a copy. Second, the party must show a substantial need for the document in preparation for the case. It could be argued there is a substantial need. Fitzgerald’s proof chart lays out the events that occurred and evidence available. It would be extremely helpful for Buchanan to obtain this information to successfully defend himself. Lastly, the party must be unable to obtain the substantial equivalent by other means without undue hardship. Buchanan can obtain this information without undue hardship. This information is discoverable through initial disclosures and other methods of discovery. Any resulting travel and expense are normally not considered undue hardship. As such, the objection on work product grounds should be
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