Also known as: work product protected information · work product · work-product doctrine
Written by attorneys · grounded in primary & secondary sources — see below
Materials prepared by an attorney in anticipation of litigation. The doctrine shields an attorney's written statements, memoranda, and interview summaries from discovery absent a showing of substantial need and inability to obtain equivalent information without undue hardship.
Winslow Aviation's in-house counsel interviewed line engineers about a design defect two weeks after a crash suit was filed. The resulting memos summarized those interviews and reflected counsel's mental impressions. When the plaintiff sought the memos in discovery, the court denied the request because no substantial need was shown.
Waverly Insurance's outside counsel prepared notes evaluating jury appeal and trial presentation strategies for a coverage dispute. A misapplied privilege tag caused the notes to be produced to the policyholder. The court later ruled the notes remained protected work product because the production was inadvertent and rectification was prompt.
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Woodridge Manufacturing sued its former law firm for overbilling and inadequate representation. The firm obtained and used its own work-product memos summarizing client instructions to defend the fee dispute. The court permitted the use under the self-defense exception because the client had placed the representation at issue.
The opposing party must demonstrate substantial need for the materials and an inability to obtain their substantial equivalent by other means without undue hardship.
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Yes. The doctrine protects materials prepared by in-house counsel in anticipation of litigation, including interview summaries with lower-level employees directed by superiors.
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A law firm may use its work product when the client places the representation at issue, such as in a malpractice or fee dispute, under the self-defense exception.
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