Work product protection covers documents and tangible things prepared in anticipation of litigation or for trial by or for a party or its representative. It divides into opinion work product, comprising mental impressions and legal theories, and ordinary or fact work product.
Ordinary work product is discoverable on a showing of substantial need and inability to obtain the equivalent without undue hardship. Opinion work product receives greater protection.
Alternative Names:
Attorney Work Product, Trial Preparation Materials
Why it Matters?
Work product is broader than privilege because it extends to materials prepared by consultants, investigators, and insurers, not just lawyers. The recurring dispute is the trigger: whether a document was created because of anticipated litigation or in the ordinary course of business. Insurance claim files, incident reports, and internal investigations sit squarely in that contested zone.
Frequently Confused with
Related terms
Frequently asked questions
What is the difference between privilege and work product?
Does work product cover non-lawyer materials?
