If you are involved in a legal matter, you may have heard the phrase “attorney work product.” But what does this term mean? In a nutshell, an attorney work product is any document or communication prepared by an attorney in anticipation of litigation. It can include notes, memos, emails, and other documents that are prepared for the purpose of legal advice or litigation.
The attorney work product doctrine is a legal principle that protects documents and communications between an attorney and their client from being used as evidence in a court of law. This doctrine recognizes that attorneys need to be able to communicate candidly with their clients in order to provide the best legal advice. Without the protection of the work product doctrine, attorneys could be forced to disclose confidential communications with their clients, which could be damaging to the client’s case.
The work product doctrine also applies to documents created by an attorney’s staff. For example, if a paralegal or legal assistant drafts a document for an attorney’s review, that document is also protected under the work product doctrine. This ensures that attorneys and their staff can communicate freely without fear of their documents being used against them in court.
It’s important to note that the work product doctrine is not absolute. In certain circumstances, a party to a lawsuit can request to see an attorney’s work product. For example, if an attorney’s work product contains evidence that is relevant to the case, the opposing party may be able to obtain access to the document. Additionally, if the work product was created in bad faith, the court may decide to make it available to the other party.
In summary, the attorney work product doctrine is an important legal principle that recognizes the need for attorneys to be able to communicate freely with their clients without fear of their documents being used against them in court. It is a valuable tool that helps to ensure that attorneys and their staff can provide the best possible legal advice to their clients.
