LAW 521-002 – Civil Procedure I

Attorney Work Product


The attorney work product doctrine is a "qualified immunity from discovery" for trial preparation, i.e. efforts by the attorney to investigate and prepare a case.

Technically, it is not a doctrine, not a privilege, but it can still prevent disclosure.

Trial preparation can only be obtained if a party has a substantial need, it can be obtained without undue hardship, and they are unable to obtain substantial equivalent info. Even then, they are not entitled to mental impression of the attorney.

Rule 26(b)(3).