What is the work product privilege and when does it apply?

• A. Protection for mental impressions, conclusions, opinions, and legal theories of a attorney prepared in anticipation of litigation; generally not discoverable.
• B. Protection for medical treatment notes.
• C. Only applies after a trial ends.
• D. It allows discovery with a court order.

Answer: (A)

Work product privilege protects materials created by or for a lawyer in anticipation of litigation, especially the attorney’s mental impressions, conclusions, opinions, and legal theories about the case. This protection is intended to keep the opposing side from learning how the lawyer thinks and plans for trial, so those documents are generally not discoverable. The rule applies specifically to materials prepared in anticipation of litigation, not to unrelated records like medical notes, and it is not something that only kicks in after a trial ends. Discovery is normally blocked; a court would only compel production in rare situations, such as when there is a substantial need for non-mental impressions and the information cannot be obtained by other means.