Multistate Professional Responsibility Exam Practice Question
A lawyer defends a restaurant in a claim about a slip on the property. The lawyer prepared a private report outlining personal assessments, hypothetical trial strategies, and compiled notes from confidential interviews. The other side demands these materials during discovery. What is an accurate statement regarding the principle that safeguards certain attorney-prepared materials?
Those documents can become discoverable when there is a request for general information about the case
Those documents are never discoverable.
Those documents can remain confidential unless the other party shows a substantial basis for forcing disclosure
Those documents should be handed over once the complaint is filed
Analytical or strategic papers that a lawyer crafts for a legal dispute generally receive protection from routine disclosure. A party seeking them usually must demonstrate a significant purpose for forcing their release. Summaries shared outside the legal team or generated for non-litigation purposes might lose special status, which explains why the correct response reflects proper shielding of counsel’s internal efforts while the other statements would improperly require broad disclosure.
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What is the principle that protects attorney-prepared materials from disclosure?
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What types of documents are typically protected under the work product doctrine?
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What must a party demonstrate to compel the disclosure of protected documents?