Which statement best describes the scope of the work product doctrine?

Which statement best describes the scope of the work product doctrine?

• A. It only applies to documents prepared by the court.
• B. It applies to any communications between attorney and client.
• C. It protects materials prepared in anticipation of litigation by or for a party or attorney.
• D. It requires disclosure of all trial exhibits.

Answer: (C)

Work product protection guards materials prepared in anticipation of litigation by or for a party or its attorney. The essence is to shield the lawyer’s preparation and mental impressions from discovery, so counsel can plan trials and develop theories without divulging those thought processes. This scope covers documents and tangible items created for the case—such as notes, memos, interview summaries, and draft materials—provided they are produced in anticipation of litigation and by the party or its attorney. It doesn’t pertain to documents created by the court, it isn’t a blanket for all attorney‑client communications (that’s a separate privilege), and it doesn’t require disclosure of trial exhibits.

Work product protection guards materials prepared in anticipation of litigation by or for a party or its attorney. The essence is to shield the lawyer’s preparation and mental impressions from discovery, so counsel can plan trials and develop theories without divulging those thought processes. This scope covers documents and tangible items created for the case—such as notes, memos, interview summaries, and draft materials—provided they are produced in anticipation of litigation and by the party or its attorney. It doesn’t pertain to documents created by the court, it isn’t a blanket for all attorney‑client communications (that’s a separate privilege), and it doesn’t require disclosure of trial exhibits.