In California, an objection to a question seeking attorney work product is raised to protect materials prepared by an attorney in anticipation of litigation. Under California Code of Civil Procedure section 2018.030, attorney work product includes documents, notes, and other materials created by an attorney or their agents while preparing for a case. The work product doctrine shields these materials from disclosure to the opposing party to preserve the attorney’s mental impressions, legal strategies, and the fruits of their investigation. If a question seeks to reveal or compel testimony about work product, it is generally objected to as it could reveal privileged information that the attorney has worked to keep confidential and protected from discovery.
However, there are certain exceptions to the work product privilege. For instance, if the opposing party can show a substantial need for the materials and that they are unable to obtain the information without undue hardship, the court may order the disclosure of certain work product. This exception is typically applied with caution, as courts are mindful of the need to maintain the attorney’s ability to prepare their case without undue interference. If the work product is being sought improperly, the objection is typically sustained, and the court will prevent the disclosure of the protected materials unless a compelling justification is presented for their release. This rule ensures that attorneys can work on their case without the fear that their strategies and thought processes will be exposed to the opposing side.
