Legal Definitions - ordinary work product

Definition: Ordinary work product refers to tangible or intangible material that was either prepared by or for a lawyer, or prepared for litigation, either planned or in progress. It includes facts but not an attorney's mental impressions. Ordinary work product is generally exempt from discovery or other compelled disclosure.

Examples: Examples of ordinary work product include documents, notes, and recordings that were created by a lawyer or their team during the course of their work on a case. For instance, if a lawyer is preparing for a trial, they may create notes summarizing the evidence they plan to present. These notes would be considered ordinary work product and would be exempt from discovery unless the party seeking discovery can show a substantial need for the materials.

Explanation: Ordinary work product is an important concept in the legal field because it protects the work of lawyers and their teams from being disclosed to the opposing party. This allows lawyers to work freely and without fear that their work will be used against their client. For example, if a lawyer is preparing for a trial, they may create notes summarizing the evidence they plan to present. These notes would be considered ordinary work product and would be exempt from discovery unless the party seeking discovery can show a substantial need for the materials. This protects the lawyer's work and allows them to prepare their case without fear of the opposing party gaining an unfair advantage.