Legal Question in Civil Litigation in Texas

Is witness prearation protected by atty-client privilidge?

Large well funded defendants have taken to preparing their witnesses using video tapes and multi-day long preparation periods to ready their witnesses for trial. While it seems clear that the content of those discussions are protected by the privilidge, is the fact that those woodshedding sessions occured also protected?

Thanks for your help. Any case law would be greatly appreciated.

Desperate Law Clerk


Asked on 10/09/00, 4:44 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Is witness prearation protected by atty-client privilidge?

Pretrial prep is not discoverable, no matter how extensive, as it is attorney work product.

Of course when the witness testifies, the subject is valid cross examination and a fact-finder will undoubtedly be interested in the scope and extent.

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Answered on 11/05/00, 7:23 pm


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