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P1091 Deposing an adversary's attorney requires extremely good cause, decided by a three-prong test: (1) Is there another practicable way to get the information? (2) Is the information crucial? (3) Is it subject to a privilege?; the burden of establishing the first two prongs is on the party seeking the deposition, and the burden of establishing a privilege is on the party resisting the deposition; an attorney's calculation of ratios based on information already available to the other party is an expression of the attorney's impression, conclusion, and opinion, and is therefore privileged as work product.CitationCAREHOUSE CONVALESCENT HOSP v SUPERIOR COURT (Attorney's Deposition) 143 CA4 1558 [See: CCP 2018.020; Spectra-Physics v Superior Court 198 CA3 1487]
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