James Julian, Inc. v. Raytheon Co.
United States District Court for the District of Delaware
93 F.R.D. 138 (1982)
Julian (plaintiff) sued Raytheon and related defendants under antitrust and labor laws. During discovery, the defendants sought a binder Julian's counsel had prepared to help Julian's principals and employees review documents before their depositions. Julian claimed the binder was protected attorney work product because counsel's selection and organization of documents revealed legal theories and opinions. The defendants argued that, even if it was work product, Julian waived that protection under Rule 612 by using the binder to refresh witnesses' memories before their depositions.
Whether a court has authority under Federal Rule of Evidence 612 to compel production of documents protected by the attorney work-product doctrine that were used to refresh a witness's memory before a deposition.