Also known as: trial preparation material · trial-preparation materials · trial preparation materials · work product
Written by attorneys · grounded in primary & secondary sources — see below
Materials prepared by or for a party or its representative in anticipation of litigation or for trial. Such materials receive protection from discovery under the work product doctrine unless the requesting party shows substantial need and undue hardship.
Twin Rivers Bank produced an internal memo analyzing jury appeal in a loan dispute suit. Upon realizing the memo qualified as trial-preparation material, the bank notified opposing counsel of the claim. Counsel promptly sequestered the memo and refrained from further use pending court resolution.
Thunderbolt Motors' counsel prepared written summaries of interviews with potential witnesses after a product liability complaint was filed. The summaries reflected mental impressions formed in anticipation of litigation. The court denied the plaintiff's request for production absent a showing of necessity.
Select any source to read its text and confirm it supports the definition.
Terra Financial's in-house counsel directed mid-level employees to submit reports on regulatory compliance issues. The reports were prepared at superiors' direction to obtain legal advice in anticipation of enforcement litigation. The court upheld work product protection for the materials.
Topaz Mining sued its former law firm alleging overbilling in a prior mining permit dispute. The firm obtained client discovery responses and its own work product notes to defend the fee claim. The court permitted use of the materials under the self-defense exception.
The receiving party must promptly return, sequester, or destroy the information and any copies. It must not use or disclose the material until the claim is resolved and must take reasonable steps to retrieve any previously disclosed copies.
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Yes. Written statements and memoranda reflecting interviews with potential witnesses prepared in anticipation of litigation are protected unless the opposing party demonstrates necessity.
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A firm may use client communications and work product when defending itself against allegations such as overbilling or malpractice because the client has placed the representation at issue.
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