Glossary · Evidence
Work Product Doctrine
work-product-doctrine-c7af9480df548e2f-2026-07-28
- Type
- Glossary
- Jurisdiction
- National
- Date
- 2026-07-28
- Topic
- Evidence
A protection shielding materials prepared by or for a party in anticipation of litigation from discovery by the opposing side. Ordinary work product, like witness interview memos, can be obtained only on a showing of substantial need, while a lawyer's mental impressions and legal strategies receive nearly absolute protection. It is broader than attorney-client privilege in covering non-communications, but narrower in requiring a litigation purpose.
Definition
A protection shielding materials prepared by or for a party in anticipation of litigation from discovery by the opposing side. Ordinary work product, like witness interview memos, can be obtained only on a showing of substantial need, while a lawyer's mental impressions and legal strategies receive nearly absolute protection. It is broader than attorney-client privilege in covering non-communications, but narrower in requiring a litigation purpose.
Work Product Doctrine. A protection shielding materials prepared by or for a party in anticipation of litigation from discovery by the opposing side. Ordinary work product, like witness interview memos, can be obtained only on a showing of substantial need, while a lawyer's mental impressions and legal strategies receive nearly absolute protection. It is broader than attorney-client privilege in covering non-communications, but narrower in requiring a litigation purpose. Example: Counsel's chart ranking the weaknesses of each defense was protected work product.