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Simple English definitions for legal terms

attorney work product

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A quick definition of attorney work product:

Attorney work product refers to documents and things that lawyers create when they are getting ready for a lawsuit. There are two types of attorney work product: opinion work product, which includes the lawyer's thoughts and ideas, and ordinary work product, which includes things like bank statements. Lawyers usually don't have to show these documents to the other side, but sometimes they might have to if certain things happen.

A more thorough explanation:

Attorney work product refers to documents and other things that are created by or for a party or their representative in preparation for litigation. This means that lawyers can create materials that help them prepare for a case, and these materials are generally protected from being disclosed to the other side.

There are two types of attorney work product:

  • Opinion work product: This includes the mental impressions, conclusions, opinions, and legal theories of an attorney. For example, an email from a lawyer to their client discussing legal research and trial strategy would be considered opinion work product. This type of work product is usually given more protection than ordinary work product and is almost never subject to discovery.
  • Ordinary work product: This includes documents or facts that are outside of the attorney's mental impressions. For example, a bank statement would be considered ordinary work product. This type of work product is generally protected under attorney work product privilege, but it may be subject to discovery in certain circumstances.

Attorney work product is generally protected under attorney work product privilege, which means that it cannot be disclosed to the other side in litigation. However, this privilege may be overcome or waived in certain circumstances.

Imagine that a lawyer is preparing for a trial and creates a document that outlines their legal strategy. This document would be considered opinion work product because it includes the lawyer's mental impressions and legal theories. As a result, it would be protected from being disclosed to the other side.

On the other hand, imagine that the lawyer also collects bank statements as part of their preparation for the trial. These bank statements would be considered ordinary work product because they are outside of the lawyer's mental impressions. While they would still be protected under attorney work product privilege, they may be subject to discovery in certain circumstances.

attorney of record | attorney work product privilege

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goofy-goober
15:36
I just wanna see my results man, waiting is so painful :~(
any word on scalia or any school lol
oakenrays
15:52
scalia is dead fortunately
oakenrays
15:52
law schools are coming out slowly but surely
HopefullyInLawSchool
16:03
@UnderRepresentedTryhard: Yes only for YM applicants tho
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
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