1E9Ct5D

W. Paul AnderssonLEAKE & ANDERSSON, LLP1100 Poydras Street, Suite 1700New Orleans, LA 70163-1701Phone (504) 585-7500www.leakeandersson.companderson@leakeandersson.com1. Does your state recognize an exemption from discovery (or a privilege) forpre-suit investigation materials? Is there a key to preserving thisexemption/privilege (i.e. involvement of counsel)?In Louisiana, state court judges allow (or order) wide-ranging discovery. There isseldom recognition of “self-investigation” discovery protection. Louisiana pays lipservicefor protection for the results of investigations conducted “in anticipation oflitigation” –in state court, defendants are frequently ordered to produce such items. It isfrequently argued that plaintiffs should have to provide “good cause” to a court beforeinvestigation materials (site inspections, statements, and the like) ought to be orderedproduced. Defendants routinely contend that “good cause” is nothing short of thedemonstration of an absolute inability of plaintiffs to obtain the information in any otherway (such as a deposition of a witness who has given a withheld statement, forexample). Investigation results have the best chance of being protected, when theinvestigation appears to have been conducted or supervised by counsel. Accordingly, ifan investigator does work, the assignment and any report should come from and beaddressed to counsel.2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?Written statements obtained after an incident and taken “in anticipation of litigation”need not be produced, except after one’s opponent has successfully demonstrated“good cause” for such production – such as crucial fact information necessary for faultdetermination, and which one’s opponent cannot otherwise obtain. Statements actuallytaken by counsel, or at counsel’s specific instruction, have the greatest chance ofprotection. All of these fact-protection issues are handled more successfully andconsistently in federal court than before Louisiana state district judges.3. Does your state recognize a self-critical analysis privilege?No.