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California
Law Dictionary
Attorney Work Product Privilege Doctrine-
Code of Civil Procedure 2018
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Attorney Work Product Privilege Doctrine-Code of Civil Procedure 2018

The Attorney Work product Doctrine is set forth in California Code of Civil Procedure Section 2018.

California Code of Civil Procedure Section 2018.

2018.  (a) It is the policy of the state to: (1) preserve the rights
of attorneys to prepare cases for trial with that degree of privacy
necessary to encourage them to prepare their cases thoroughly and to
investigate not only the favorable but the unfavorable aspects of
those cases; and (2) to prevent attorneys from taking undue advantage
of their adversary's industry and efforts.
   (b) Subject to subdivision (c), the work product of an attorney is
not discoverable unless the court determines that denial of
discovery will unfairly prejudice the party seeking discovery in
preparing that party's claim or defense or will result in an
injustice.
   (c) Any writing that reflects an attorney's impressions,
conclusions, opinions, or legal research or theories shall not be
discoverable under any circumstances.
   (d) This section is intended to be a restatement of existing law
relating to protection of work product.  It is not intended to expand
or reduce the extent to which work product is discoverable under
existing law in any action.  However, when a lawyer is suspected of
knowingly participating in a crime or fraud, there is no protection
of work product under this section in any official investigation by a
law enforcement agency or proceeding or action brought by a public
prosecutor in the name of the People of the State of California if
the services of the lawyer were sought or obtained to enable or aid
anyone to commit or plan to commit a crime or fraud.  Nothing in this
section is intended to limit an attorney's ability to request an in
camera hearing as provided for in People v. Superior Court (Laff)
(2001) 25 Cal.4th 703.
   (e) The State Bar may discover the work product of an attorney
against whom disciplinary charges are pending when it is relevant to
issues of breach of duty by the lawyer, subject to applicable client
approval and to a protective order, where requested and for good
cause, to ensure the confidentiality of work product except for its
use by the State Bar in disciplinary investigations and its
consideration under seal in State Bar Court proceedings.  For
purposes of this section, whenever a client has initiated a complaint
against an attorney, the requisite client approval shall be deemed
to have been granted.
   (f) In an action between an attorney and his or her client or
former client, no work product privilege under this section exists if
the work product is relevant to an issue of breach by the attorney
of a duty to the attorney's client arising out of the attorney-client
relationship.
   For purposes of this section, "client" means a client as defined
in Section 951 of the Evidence Code.

Ed. Note:
Official Site California Codes-Legislative Counsel
Official Site California Code of Civil Procedure Sections-2016-2036
Opinion analyzing the Attorney Work product Doctrine
Lasky, Haas, Cohler & Munter v. Superior Court (Getty) (1985) 172 Cal.App.3d 264 , 218 Cal.Rptr. 205

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Attorney Work Product Holder of Privilege-Code of Civil Procedure 2016-(Lasky, Haas, Cohler & Munter v. Superior Court)
Attorney Work Product Privilege Doctrine-Code of Civil Procedure 2016-(Lasky, Haas, Cohler & Munter v. Superior Court)
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November 18, 2004