Multistate Professional Responsibility Exam Practice Question
An attorney drafts written notes analyzing potential strengths and weaknesses of a lawsuit. Opposing counsel demands these notes as part of discovery, maintaining that they should be produced. The attorney insists that they remain blocked from disclosure. Which option is accurate?
These documents are never discoverable.
They are produced if the client approves sharing them.
They are produced because documents linked to the dispute are part of routine discovery.
They remain protected under a rule covering an attorney’s strategic analyses created for a lawsuit.
Documents containing an attorney’s concepts, insights, or legal analyses receive protection when prepared in anticipation of litigation, even if they relate to a matter in dispute. Such materials are shielded from discovery because they reveal strategic thinking. Materials that are produced simply because they may be relevant do not account for this protection. Furthermore, merely obtaining client approval does not override the statutory protection accorded to these evaluative writings.
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What is the significance of materials prepared in anticipation of litigation?
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What is the difference between documents protected from discovery and those subject to routine discovery?
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Can client approval override confidentiality protections for attorney notes?