Material prepared in anticipation of litigation. Generally, work product is privileged, meaning it is exempt from discovery. However, there are exceptions. Work product is divided into two categories: ordinary and opinion. Ordinary work product is the result of gathering basic facts or conducting interviews with witnesses, and is discoverable if there is a showing of substantial need, like a witness that becomes unavailable. Opinion work product is the record of an attorney’s mental impressions, ideas or strategies, and is almost never subject to discovery.
Definition from Nolo’s Plain-English Law Dictionary
The writings, notes, memoranda, reports on conversations with the client or witness, research, and confidential materials which an attorney has developed while representing a client, particularly in preparation for trial. A work product may not be demanded or subpenaed by the opposing party because it reflects the confidential strategy, tactics, and theories to be employed by the attorney.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:27 pm