Kittitas Cnty., Corp. v. Sky Allphin, Abc Holdings, Inc.

YU, J. (dissenting)

¶ 48 I agree with the majority on many points in this case. The content of the disputed e-mails is clearly work product, so unless the protections of the work product doctrine have been waived, the e-mails are exempt from production in accordance with the Public Records Act (PRA), chapter 42.56 RCW. Majority at 1240-41; RCW 42.56.290. And I agree with the implied waiver doctrine as articulated by the majority in this case:

A party waives its work product protection when "the client, the client's lawyer, or another authorized agent of the client ... discloses the material to…