Scott Fitzgerald's Analysis: The Great Gatsby
First, I will address Scott Fitzgerald’s proof chart. Then, I will address Nick Carraway’s appraisal of the painting.
1. The objection on work product grounds should be sustained in relation to Scott Fitzgerald’s proof chart. Work product protection protects documents from disclosure if they were 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. In this case, the proof chart was prepared by the attorney’s paralegal. The paralegal prepared the proof chart for the party’s representation (attorney) which is one of the covered parties. The proof chart was prepared in anticipation of litigation. This is shown by
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The objection on work product grounds will likely be denied in relation to Nick Carraway’s report. Nick Carraway’s report is not likely work product, but more information is needed. If Carraway’s appraisal was requested or conducted when Jay Gatsby intended to sue Tom Buchanan, then it is work product. This is because the document was obtained with a realistic prospect of litigation. Gatsby may have already been sufficiently irritated after learning from Jordan Baker that Picasso almost never signed his painting, and considered whether the supposed $50,000 discount he received was a sham. Gatsby could have resolved to do whatever it took to recover his money, including filing suit, at the time the painting was appraised with intent to use the appraisal as evidence during the litigation. If Gatsby does not typically obtain appraisals on artwork, this would be further proof that the appraisal was conduct for litigation purposes. A complaint was filed less than 30 days after the appraisal which is fairly quick turnaround time.
Alternatively, Gatsby obtained an appraisal to make sure had had an original painting without any thought to suing Buchanan. Gatsby called Buchanan and demanded his money back before retaining a law firm to represent him. The legal dispute seems like more of an afterthought, and Gatsby was obtaining the appraisal in the normal course of business as an art
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