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Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:
In a negligence action with injuries, Nathan’s lawyer has interviewed Sousa’s former boss in order to help get information about Sousa’s lost income claim. The lawyer took notes on the interview, including evaluative comments about the kind of witness the boss would make and the impact that information might have on Nathan’s case. Sousa wants to discover the lawyer’s notes. Are they discoverable?
A. No. They are protected as ordinary work product.
B. No. They are protected as opinion work product.
C. Yes. They are protected as ordinary work product but Sousa could meet the substantial need/undue hardship requirement.
D. Yes. They are not protected because Sousa’s boss is not the client of the lawyer who did the interview.
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