Legal Definitions - opinion work product

Definition: Opinion work product refers to tangible or intangible material that includes or reflects an attorney's thoughts, such as impressions, theories, and conclusions. It is almost wholly immune from discovery, meaning it is generally exempt from disclosure.

Examples: Examples of opinion work product include notes taken by an attorney during a meeting with a client, a memo outlining a legal strategy, or a draft of a legal brief. These materials are created to assist in the prosecution or defense of a pending lawsuit or in reasonable anticipation of litigation.

Explanation: Opinion work product is protected from discovery because it contains an attorney's mental impressions and thought processes. This protection allows attorneys to freely explore legal theories and strategies without fear of disclosure to opposing parties. The examples illustrate how attorneys use opinion work product to develop legal strategies and prepare for litigation.