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Statements made by a party during an investigation are discoverable. Vermont’s rulesand trial courts recognize that a party’s statements to an agent of her opponent are notshielded from disclosure by the work-product privilege. See Vt.R.Civ.P. 26(b)(3)(“Aparty may obtain without the required showing a statement concerning the action or itssubject matter previously made by that party.”). In fact, a trial court has even extendedthe disclosure of “party statements” to include a party’s non-party relative. Hermann v.Hewitt, Dkt. No. 272-2-05 Bncv (Vt. Sup’r. Ct. Jan. 26, 2006)(plaintiff’s statement andplaintiff’s uncle’s witness statement to the defendant’s insurer following the car accidentthat was the subject of the suit were not protected from disclosure by the work-productdoctrine).3. Does your state recognize a self-critical analysis privilege?The self critical analysis privilege applies in medical peer review cases. Vt. Stat. Ann. tit.26, § 1443. No state courts have considered the privilege outside of the medical reviewcontext; the one reported Vermont federal court decision that considered the privilegedeclined to adopt the privilege outside of medical review. Lawson v. Fisher-Price, 191F.R.D. 381 (D. Vt. 1999). Lawson would be persuasive, but not binding, on Vermontstate courts.