work product

Work product is 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.

[Last reviewed in July of 2024 by the Wex Definitions Team ]

Wex