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attorney work product found not to be privileged, because it was pre-litigation and they weren’t his clients.  However, the court didn’t force Fortenbaugh to produce them, because his work product and notes on his thoughts shouldn’t be given over to “the enemy.”  Case created, by common law, the quasi privilege of Attorney Work Product.  If people could get at attorney work product, people would be lazy.  Must show necessity to get this.