Crucial Exams

Multistate Professional Responsibility Exam Practice Question

An attorney gathered written statements from witnesses after an incident. The attorney claims protection for these statements because they were prepared in anticipation of a lawsuit. An opponent now seeks production, asserting no alternative source exists for the same factual data. Which statement best describes whether these documents can be withheld or produced?

  • They must be disclosed if they were used to prepare a witness for testimony

  • They may be produced if the requesting party shows a need for the factual content and difficulty getting it another way, but the attorney’s impressions remain protected

  • They are never discoverable, because the opponent has the same right to speak to the witnesses.

  • They are not discoverable because they were created by counsel

Multistate Professional Responsibility Exam
Client confidentiality
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