context: While the second set of notes do not indicate that Brochu was present, this Court finds that National Grid has not met its burden of proving that the interview notes are subject to the attorney-client privilege because they have not proven that Jim Sullivan and Michael Knott were interviewing Caproni, Coyle, and Sullivan in their capacity as Sciumeca's Team members instead of IA Team members. In addition, any IA Team investigation would necessarily be conducted in the ordinary course of business as there are 1500 incident analysis investigations a year; therefore, National Grid has not met its burden of proving that the interview notes are subject to the protection of the work product doctrine.
citation_a.signal: see
citation_a.identifier: 26 Mass.App.Ct. 1016, 1016
citation_a.parenthetical: indicating that when the work product is prepared in "the ordinary line of business and duty," it is not protected by the work product doctrine
citation_a.sentence: See Shotwell, 26 Mass.App.Ct. at 1016 (indicating that when the work product is prepared in “the ordinary line of business and duty,” it is not protected by the work product doctrine); see also Adlman, 134 F.3d at 1202 (holding that documents that are created in the ordinary course of business or would have been created irrespective of litigation are not protected by the work product doctrine).
citation_b.signal: see also
citation_b.identifier: 134 F.3d 1202, 1202
citation_b.parenthetical: holding that documents that are created in the ordinary course of business or would have been created irrespective of litigation are not protected by the work product doctrine
citation_b.sentence: See Shotwell, 26 Mass.App.Ct. at 1016 (indicating that when the work product is prepared in “the ordinary line of business and duty,” it is not protected by the work product doctrine); see also Adlman, 134 F.3d at 1202 (holding that documents that are created in the ordinary course of business or would have been created irrespective of litigation are not protected by the work product doctrine).