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After a train derailment, Railroad's lawyer directed an investigator to take witness statements because lawsuits were expected. In later litigation, several witnesses cannot be located, and Plaintiff seeks the statements. Railroad asserts work product.
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Work product is discoverable whenever it is relevant. Work product protects only communications directly between attorney and client. Ordinary fact work product may be discovered if the requesting party shows substantial need and cannot, without undue hardship, obtain the substantial equivalent by other means. Work product is waived automatically whenever a document is shown to an expert in any context.

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