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A recent decision from the California Supreme Court in Coito v. Superior Court regarding whether the identity of witnesses and witness statements constitute work product will likely impact everything from the initial investigation of a case to objections/responses to discovery and law and motion. What is critical to take from this opinion is that investigations involving obtaining witness statements or interviewing witnesses that are not carefully guided, overseen and directed by counsel are not recommended.

The California Supreme Court reviewed approximately 65 years of California Jurisprudence which followed the concept of the Work Product Privilege (first put forth by the US Supreme Court in 1947). The Court differentiated two lines o...

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