We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is an Attorney Work Product?

By Christy Bieber
Updated Jan 23, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Attorney work product refers to work that an attorney has done on a given case. The concept is important in litigation when the process of discovery is taking place. Discovery refers to the sharing of information between adverse parties in a lawsuit.

When two individuals are on opposite sides of a court case — either in criminal or in civil law — sharing of evidence must occur. In a criminal law case, the prosecutor must share evidence with the defendant so he may build a defense, although the defendant does not have to share his own evidence. In a civil case, both the plaintiff and defendant have to share evidence with each other about their respective cases.

Discovery is not an absolute right, however. First, in a civil case, each side must request the information it wants from the other. The information must be directly pertinent to the case and must not be privileged.

Because of privilege, work that an attorney has done on a case is not included in discovery. This attorney work product can include lists of written questions that an attorney has for the other side, an attorney's analysis of the case, the attorney's notes on a given document or given piece of evidence, or anything else in which the attorney has set forth information that gives insight into the strategy of the case.

Attorney work product becomes particularly important when there is a limitation on some specific piece of evidence available. Assume, for example, that one attorney deposes, or formally interviews, someone who could prove to be a relevant witness for either the plaintiff or defendant. If the witness then dies a day later, the other side may request the attorney's transcripts of that interview. Whether the interview transcripts will have to be turned over will depend on whether they are considered attorney work product or not.

The distinction between attorney work product and general information is often made on a case-by-case basis. While some things, such as the attorney's trial notes, are clearly work product, other things are less clearly defined, such as the transcripts of a deposition or the report of a private investigator working on the case. Generally, the rule is that if the material was prepared with an eye toward litigation — even if it was not prepared directly by an attorney but was prepared by someone working for or hired by the attorney or client — it is privileged and thus does not have to be shared with the opposing side.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By anon257662 — On Mar 28, 2012

Is information an attorney collects for his case via a secret facebook page, exempt as work product, or is it considered as having been shared with a third party?

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.