Are pre-lawsuit emails by non-lawyers subject to discovery?

Pre-lawsuit emails by non-lawyers are considered work product and therefore protected from discovery under Louisiana Civil Procedure. The work product doctrine, codified in Louisiana law, shields materials prepared in anticipation of litigation from being disclosed to the opposing party. This protection applies to communications that reflect legal strategies, thoughts, or opinions that might reveal an attorney's preparation and analysis, even if they come from non-lawyers.

This means that unless the party seeking discovery can demonstrate substantial need and inability to obtain the information by other means, such emails remain confidential. Work product is intended to encourage open and thorough preparation for litigation without the fear that opposing parties can access internal communications that reflect legal strategies or thought processes.

Other choices imply different assumptions about the nature of discoverability. The notion that all pre-lawsuit emails are always discoverable disregards the work product doctrine entirely. The suggestion that they are only protected if they contain financial information incorrectly narrows the scope of the work product doctrine. Lastly, the idea that emails are discoverable unless classified misunderstands the relevance of classification concerning the work product standard. Therefore, the correct understanding lies in recognizing the protection that the work product doctrine offers.