California Supreme Court Issues Decision in Work Product Privilege Case Coito v. Superior Court
June 25, 2012
The California Supreme Court just issued its highly anticipated decision in Coito v. Superior Court. Below is a link to the published opinion in this case involving whether or not attorney work product privilege attaches to witness statements. In a nutshell, the court decided that recorded witness statements are entitled as a matter of law to at least qualified work product protection and may be entitled to absolute protection upon a proper showing. As to the identity of witnesses from whom counsel has obtained statements, this information is not entitled as a matter of law to either qualified or absolute privilege but may be upon a proper showing by defense counsel. M&C will post a more detailed analysis following its publication in the Daily Journal.
Edmund G. Farrell, III