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0 tracked cards Civil Procedure

After a warehouse explosion, the warehouse owner received a letter threatening suit. The owner's lawyer hired an investigator to interview a security guard who saw the explosion. The investigator obtained a signed factual statement from the guard. Before discovery began, the guard suffered a severe stroke and can no longer testify reliably. The plaintiff requests the signed statement.
Which statement best describes the likely discovery ruling?

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The statement is attorney-client privileged because it contains facts gathered for counsel, even if no legal advice communication is involved. The plaintiff may obtain the investigator's entire file, including counsel's written litigation strategy, by showing that the witness has become unavailable. The statement is discoverable only after the plaintiff proves the defendant acted in bad faith. The statement is ordinary work product if prepared in anticipation of litigation, but it may be discovered if the plaintiff shows substantial need and cannot obtain the substantial equivalent without undue hardship.

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