Work Product Doctrine
What does "Work Product Doctrine" mean in law?
The work product doctrine, established in Hickman v. Taylor and codified in Federal Rule of Civil Procedure 26(b)(3), protects materials prepared by or for a party in anticipation of litigation from discovery. Ordinary work product (factual material) may be discovered upon a showing of substantial need and inability to obtain the equivalent without undue hardship. Opinion work product (an attorney's mental impressions, conclusions, and legal theories) receives near-absolute protection. The doctrine promotes thorough trial preparation by protecting an attorney's analytical process.
Definition
The work product doctrine, established in Hickman v. Taylor and codified in Federal Rule of Civil Procedure 26(b)(3), protects materials prepared by or for a party in anticipation of litigation from discovery. Ordinary work product (factual material) may be discovered upon a showing of substantial need and inability to obtain the equivalent without undue hardship. Opinion work product (an attorney's mental impressions, conclusions, and legal theories) receives near-absolute protection. The doctrine promotes thorough trial preparation by protecting an attorney's analytical process.
Example
A lawyer's memorandum analyzing the strengths and weaknesses of the case is opinion work product and is virtually immune from discovery.