CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Attorney Work Product
.........Civil Discovery: In General
7 Cards On This Topic:
Court erred in not reviewing each depo question and compelled document to determine which was D’s factual investigation of P’s claim and which was privileged attorney-client communications or protected work product.
Issue of work product claim for report generated in another state will be determined by Cal. courts according to state law.
Document does not lose its character as work product when it is delivered to client in confidence.
When expert consultant's role changes to potential witness, opinion subject to discovery.
Work product principle not relevant to testimony of expert after one party has notified other that expert likely to be called at trial.
Selection process of individual documents represented A's mental impressions and legal opinions and was attorney work product entitled to protection from discovery.
The mere acknowledgment of the existence of documents may reveal counsel's mental impressions, which are protected as work product.