Work-product doctrine

Civil procedure
in the United States
Jurisdiction
Venue
Pleadings
Pretrial procedure
Resolution without trial
Trial
Appeal

In American civil procedure, the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel.[1] It is also known as the work-product rule, the work-product immunity, the work-product exception, and the work-product privilege, though there is debate about whether it is truly a "privilege."[2] This doctrine does not apply in other countries, where such communications are not protected, but where the legal discovery process itself is much more limited.[3]

  1. ^ Bryan A. Garner, ed. (2000). "Work-product rule". Black's Law Dictionary (Abridged 7th ed.). St. Paul, Minn.: West Group. p. 1298.
  2. ^ E.g., United States Fish and Wildlife Service v. Sierra Club, Inc., 141 S.Ct. 777 (2021) (government privileges in civil litigation include "deliberative process privilege, attorney-client privilege, and attorney work-product privilege").
  3. ^ Craig D. Bell, Thomas E. Spahn, Christopher S. Rizek, "A Guide to the Attorney-Client Privilege and Work Product Doctrine for Tax Practitioners" (2007), p. 11.