What is the effect of work product privilege on an attorney's hesitation in preparing a client's case?

California, United States of America


The following excerpt is from Popelka, Allard, McCowan & Jones v. Superior Court, 107 Cal.App.3d 496, 165 Cal.Rptr. 748 (Cal. App. 1980):

Preventing such hesitation on an attorney's part is one of the principal purposes of the privilege, which is designed ". . . (i) to 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 such cases . . . ." (Code Civ.Proc., 2016, subd. (g).) This purpose is elaborated in Hickman v. Taylor (1947) 329 U.S. 495, 511, 67 S.Ct. 385, 91 L.Ed. 451, which was influential in framing the federal and California work product privileges. "Proper preparation of a client's case demands that he assemble information, sift what he considers to be the

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