Multistate Professional Responsibility Exam Practice Question
An attorney is defending a real estate developer in a negligence lawsuit. The attorney drafts private memoranda analyzing witness credibility and possible arguments before trial. The opposing side requests these memoranda during discovery. Which statement describes the status of these documents under protective rules for an attorney’s materials?
They possess limited protection when drafted in the attorney’s office and remain undisclosed
They have protected status; however, a court can allow their discovery if the requesting party demonstrates a valid justification and has insufficient alternative sources
They fall outside the established categories of protected documents and are disclosable upon request
Attorney-created materials that include strategies, impressions, or analyses prepared in anticipation of litigation usually receive protection from disclosure. Courts may order production when the requesting party demonstrates a valid justification and cannot obtain the information from other methods. Such memoranda do not automatically lose their protection simply because they reflect the attorney’s internal thinking. Accessible sources of the information must also be explored before the documents are considered for disclosure.
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