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 California Civil Procedure
California Discovery
1986 Discovery Act Code Provisions
 California Code of Civil Procedure Section 2018

 California Code of Civil Procedure Section 2018

2018.  (a) It is the policy of the state to: (1) 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
those cases; and (2) to prevent attorneys from taking undue advantage
of their adversary's industry and efforts.
   (b) Subject to subdivision (c), the work product of an  attorney
is not discoverable unless the court determines that denial of
discovery will unfairly prejudice the party seeking discovery in
preparing that party's claim or defense or will result in an
injustice.
   (c) Any writing that reflects an attorney's impressions,
conclusions, opinions, or legal research or theories shall not be
discoverable under any circumstances.
   (d) This section is intended to be a restatement of existing law
relating to protection of work product.  It is not intended to expand
or reduce the extent to which work product is discoverable under
existing law in any action.
   (e) The State Bar may discover the work product of an attorney
against whom disciplinary charges are pending when it is relevant to
issues of breach of duty by the lawyer, subject to applicable client
approval and to a protective order, where requested and for good
cause, to ensure the confidentiality of work product except for its
use by the State Bar in disciplinary investigations and its
consideration under seal in State Bar Court proceedings.  For
purposes of this section, whenever a client has initiated a complaint
against an attorney, the requisite client approval shall be deemed
to have been granted.
   (f) In an action between an attorney and his or her client or
former client, no work product privilege under this section exists if
the work product is relevant to an issue of breach by the attorney
of a duty to the attorney's client arising out of the attorney-client
relationship.
   For purposes of this section, "client" means a client as defined
in Section 951 of the Evidence Code.
 

California Discovery Forms: Form Interrogatories and Request for Admissions mmm
Special Interrogatories: Sample Special Interrogatories: Agreement:
California Discovery Primary Table of Contents
California Discovery: 1986 Discovery Act Code Provisions: Table of Contents        
California Discovery Introduction Table of Contents

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