Are the notes and memoranda prepared by counsel in the course of representing a client privileged from discovery?

• A. Yes.
• B. No.
• C. Only if the client waives.
• D. Only for criminal cases.

Answer: (A)

Notes and memoranda created by counsel in the course of representing a client are protected from discovery by the attorney-work product principle. These materials reflect counsel’s legal analysis and mental impressions developed in anticipation of litigation, and the rule aims to preserve candid legal reasoning and effective preparation by preventing early disclosure that could undermine the adversarial process. Because they are produced for the attorney’s use in representing the client, they are generally not discoverable, subject to limited exceptions (for example, where the other side shows substantial need and cannot obtain the equivalent information by other means). In this context, the correct understanding is that such notes and memoranda are privileged from discovery.