Evidence
Work Product Doctrine
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.