Multistate Professional Responsibility Exam Practice Question
An attorney is defending a real estate developer in a negligence lawsuit. The attorney drafts private memoranda analyzing witness credibility and possible arguments before trial. The opposing side requests these memoranda during discovery. Which statement best describes the status of these documents under the protective rules for an attorney's materials?
They enjoy limited protection only when drafted in the attorney's office and would automatically remain undisclosed.
Such documents are never discoverable under any circumstances.
They fall outside the categories of protected documents and are subject to disclosure upon request.
They have protected status, but a court can allow their discovery if the requesting party shows substantial need and lacks alternative sources.
Materials created by an attorney that reveal strategies, impressions, or analyses and are prepared in anticipation of litigation are generally protected from discovery under the work-product doctrine. A court may order production only when the requesting party shows a substantial need for the materials and cannot, without undue hardship, obtain their substantial equivalent by other means. Even then, the court must protect the portions that disclose the attorney's mental impressions or legal theories, which receive heightened protection.
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