Skip to main content

Professional previlage documents?

San Diego, CA |

Hi
I wanted to subpoena a file from a company, because it would provide direct info for the legal case I am in at the moment. Was told by the person in charge of the file - that I can get most of the documents in the file but "professional previlaged" docs such as memoranda, and file notes will not be produced. Is this correct? Those might be exactly the ones that I need out of the whole file.

Thanks,

Elen

Attorney Answers 3


  1. Without knowing a lot more about the case and the documents in question, it is impossible to tell whether the company has a right to withhold them from production pursuant to the subpoena. There is no such thing as a "professional privilege," but there are many other privileges that might apply.

    You should ask for a list of documents that were withheld from the subpoena, and then decide if those documents are privileged. You may need to apply to the court for compliance with the subpoena if documents are improperly withheld.


  2. Do you have an attorney? There are not enough facts to give you a good answer.


  3. Document in the file that were written for the purpose of preparing a defense to your action are protected. Many times, injury reports, investigation reports will, employee interviews, etc. will not be subject to a SDT.