Work product refers to the writings, notes, memoranda, reports on conversations with the client or witness, research and confidential materials that reflect an attorney's impressions, conclusions, opinions, or legal research or theories.Work product materials are confidential and are not required to be submitted in answer to discovery requests or subpoenae.
The privilege against disclosure belongs to the attorney. Courts generally hold that there is no protection for work done prior to attorney involvement. For example, work of an investigator hired by an insurance company prior to hiring of attorney or filing of suit is not protected. To be afforded protection under the work-product immunity doctrine, the material in question must have been prepared in anticipation of litigation or for trial.
