Litigation
Mar. 16, 2010
Work Product Ruling Ignores Realities of Litigation
Erik Swanholt and Sarah Conway of Jones Day say Coito v. Superior Court of Stanislaus County undercuts the attorney work product doctrine's basic premises.
By Erik Swanholt and Sarah Conway
On March 4, 2010, the Court of Appeal in California's 5th Appellate District held in Coito v. Superior Court of Stanislaus County that witness statements taken by an attorney or attorney's representative do not constitute work product and are therefore regularly discoverable. The Court of Appeal determined that the "weight of authority" in California holds that because witness statements are...
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