Oliver Fenceroy v. Gelita USA, Inc., Tom Haire, and Jeff Tolsma

CADY, Chief Justice.

*238This review presents a significant issue regarding the boundaries of attorney-client privilege and work-product protection. We must decide whether plaintiff's counsel may depose defense counsel and obtain counsel's prelawsuit work product. After leaving his job, plaintiff filed an administrative complaint charging his former employer with race discrimination. In response to the charge, the employer hired an attorney to defend the company and investigate the merits of the charge. The employer filed an administrative position statement wherein it relied upon the attorney's…