CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......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.