Work Product

Primary tabs

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.