The absence of a reasonable expectation of confidentiality in the content of an independent witness’ signed or recorded verbatim statement precludes a finding of work-product protection. That is what Petitioner Debra Coito’s Answering Brief on the Merits states in the case of Coito v. Superior Court (2010)182 Cal. App. 4th 758(pdf) which is currently pending in the California Supreme Court.
Continue Reading Reasonable Expectation of Confidentiality is the “Dispositive Question” for Determining the Existence of Work-Product Protection