work product
Definition
Work product refers to documents, notes, research, and mental strategies that a lawyer creates while preparing for a case or legal matter on your behalf. The law protects these materials from being handed over to the opposing side, because attorneys need a private space to think through strategy without worrying that their ideas will be used against their client. This protection belongs to the lawyer and exists separately from attorney-client privilege, which protects your conversations.
Example
If your lawyer writes internal memos analyzing the weaknesses in your contract dispute and brainstorming how to counter the other side's arguments, the opposing attorney cannot demand to see those memos during the lawsuit.
Watch Out
Work product protection is not absolute, and a court can sometimes order certain materials to be shared if the other side can prove they have a compelling need and cannot get the same information any other way.
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This definition is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal guidance.