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Civil Procedure • Discovery
CIVPRO#054
Legal Definition
In California, there is an absolute privilege as to writings reflecting an attorney's impressions, conclusions, opinions, or legal research. Such absolute work product is NOT discoverable under any circumstances. Qualified work product, which includes other materials prepared in anticipation of litigation, is discoverable only if denial of discovery will unfairly prejudice a party in preparing their claim or defense, or will result in an injustice.
Plain English Explanation
In California, some legal documents prepared by attorneys are off-limits from being shared with the other side in a lawsuit, thanks to what’s called work product protection. This protection comes in two forms: absolute privilege and qualified protection.
Absolute privilege applies to anything that shows an attorney’s personal thoughts or strategies about the case. These are the attorney's impressions, opinions, conclusions, or legal research. Think of this as a lawyer’s private playbook—it’s never allowed to be shared, no matter what. The law recognizes that if an attorney’s personal strategies were discoverable, it would make it impossible for them to prepare a proper defense or prosecution.
Qualified protection covers other materials that a lawyer or their team prepares in anticipation of the case, such as notes from interviews or research that don’t directly reveal their opinions. These materials can be shared, but only in specific situations. For example, if refusing to share these materials would put the other side at a serious disadvantage in proving their case or defending themselves, or if it would cause some kind of injustice, then the court might allow access to these documents.
The reason behind these protections is to make sure both sides can properly prepare for their case without fear of exposing their game plan, while still allowing for fairness when necessary.
Absolute privilege applies to anything that shows an attorney’s personal thoughts or strategies about the case. These are the attorney's impressions, opinions, conclusions, or legal research. Think of this as a lawyer’s private playbook—it’s never allowed to be shared, no matter what. The law recognizes that if an attorney’s personal strategies were discoverable, it would make it impossible for them to prepare a proper defense or prosecution.
Qualified protection covers other materials that a lawyer or their team prepares in anticipation of the case, such as notes from interviews or research that don’t directly reveal their opinions. These materials can be shared, but only in specific situations. For example, if refusing to share these materials would put the other side at a serious disadvantage in proving their case or defending themselves, or if it would cause some kind of injustice, then the court might allow access to these documents.
The reason behind these protections is to make sure both sides can properly prepare for their case without fear of exposing their game plan, while still allowing for fairness when necessary.
Related Concepts
How can a party obtain discovery from a non-party?
In California, what is the scope of discovery?
In California, when may a defendant demand a physical examination of the plaintiff?
In federal court, when is work product discoverable?
What is the federal scope of discovery?
When are mental and physical examinations discoverable?
