2009 California Code of Civil Procedure - Section 2018.010-2018.080 :: Chapter 4. Attorney Work Product

CODE OF CIVIL PROCEDURE
SECTION 2018.010-2018.080

2018.010.  For purposes of this chapter, "client" means a "client"
as defined in Section 951 of the Evidence Code.

2018.020.  It is the policy of the state to do both of the
following:
   (a) 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.
   (b) Prevent attorneys from taking undue advantage of their
adversary's industry and efforts.

2018.030.  (a) A writing that reflects an attorney's impressions,
conclusions, opinions, or legal research or theories is not
discoverable under any circumstances.
   (b) The work product of an attorney, other than a writing
described in subdivision (a), 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.

2018.040.  This chapter 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.

2018.050.  Notwithstanding Section 2018.040, when a lawyer is
suspected of knowingly participating in a crime or fraud, there is no
protection of work product under this chapter 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.

2018.060.  Nothing in this chapter 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.

2018.070.  (a) 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 and requisite
client approval has been granted.
   (b) Where requested and for good cause, discovery under this
section shall be subject to a protective order to ensure the
confidentiality of the work product except for its use by the State
Bar in disciplinary investigations and its consideration under seal
in State Bar Court proceedings.
   (c) For purposes of this chapter, whenever a client has initiated
a complaint against an attorney, the requisite client approval shall
be deemed to have been granted.

2018.080.  In an action between an attorney and a client or a former
client of the attorney, no work product privilege under this chapter
exists if the work product is relevant to an issue of breach by the
attorney of a duty to the client arising out of the attorney-client
relationship.


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