Is the Technical Information Truly a Communication?
To be privileged, information must actually be communicated to or from an attorney. Information need not, however, explicitly indicate the document was sent to or from an attorney. For example, an engineer’s list of technical calculations that he eventually provides to his company’s attorney may constitute a communication. In re Spalding Sports Worldwide, 203 F.3d 800 (Fed. Cir. 2000). While the company may not need to produce the list of calculations, the engineer may, however, be deposed as to what the calculations were.
