Attorney's Work Product Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Attorney's Work Product, written in plain English, along with examples of how it is used.

What is Attorney's Work Product?

(n) Attorney’s Work Products are the materials including the documents, notes, references, charts, riders, investigations and inferences prepared by the Attorney to support him while presenting the case or on legal representation

History and Meaning of Attorney's Work Product

Attorney's Work Product refers to the materials that an attorney generates and compiles during the course of his or her legal representation. These materials may include legal research, briefs, memoranda, notes, and other documents that the attorney creates or collects in preparation for litigation or other legal proceedings. The work product belongs to the attorney and is generally protected from disclosure to the other side in the legal dispute.

In the United States, Attorney's Work Product is protected by the attorney work-product privilege, which is a type of attorney-client privilege that safeguards materials prepared by an attorney in anticipation of litigation. The main purpose of the attorney work-product privilege is to encourage thorough and candid preparation by attorneys, without fear that their work product will be used against their clients.

Examples of Attorney's Work Product

  1. A document containing the results of legal research conducted by an attorney in advance of a hearing or trial.
  2. Briefs that an attorney prepares in support of a motion to dismiss filed on behalf of a client.
  3. Notes taken by an attorney during a client interview in preparation for drafting a legal document, such as a contract or lease.
  4. Documents containing drafts of legal documents, including pleadings and agreements.
  5. Recordings of an attorney's conversations with clients or witnesses preparing for a deposition or trial.

Legal Terms Similar to Attorney's Work Product

  1. Privileged Communication - refers to any confidential communication between an attorney and client that cannot be compelled to be disclosed in legal proceedings.
  2. Discovery - a process in which opposing parties in a legal dispute request documents and other evidence from each other to prepare for trial.
  3. Confidentiality - a legal obligation to protect confidential information from being disclosed to third parties.