Does attorney-client privilege apply to the opinions of an expert?

California, United States of America


The following excerpt is from Oceanside Union School District v. Superior Court of San Diego County, 23 Cal.Rptr. 375, 373 P.2d 439, 58 Cal.2d 180 (Cal. 1962):

This reasoning is sound. 9 In the instant case the factual data and the opinions of the experts were sought by interrogatories directed to the plaintiff. Plaintiff answered all but those interrogatories calling for opinion as to value, thus acknowledging that the attorney-client privilege does not protect the factual data collected. There is no distinction between the factual data gathered by an expert and the opinions which he forms by studying that data. If one is not privileged neither is the other. Where, as here, the factual data is unprivileged because it did not emanate from the client, then the opinion formed by the expert who gathered [58 Cal.2d 192] that data is similarly without privilege. As already pointed out, whether the actual written report, delivered to the attorney, may come within the privilege is not before us in this case. That point is discussed in San Diego Professional Association v. Superior Court, Cal., 23 Cal.Rptr. 384, 373 P.2d 448.

The claim of 'work product':

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