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Simple English definitions for legal terms
attorney work product privilege
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A quick definition of attorney work product privilege:
The attorney work product privilege allows lawyers to keep certain documents and things secret if they were created in preparation for a legal case. This means that the other side cannot force the lawyer to show them these materials. However, if the other side really needs the information to prepare their own case and cannot get it any other way, they may be able to see the work product. If a lawyer shares the work product with someone who might use it against their client, the privilege may be lost.
A more thorough explanation:
Attorney work product privilege is a legal concept that allows attorneys to keep certain documents and materials secret from the opposing party during litigation. This privilege applies to any documents or materials that were created specifically in anticipation of litigation by or for another party or its representative.
For example, if a lawyer is preparing for a trial and creates a document outlining their legal strategy, that document would be protected by work product privilege and would not have to be shared with the other side.
However, there are some exceptions to this privilege. If the opposing party can show that they have a substantial need for the materials in order to prepare their case and cannot obtain them through other means, the privilege may be overcome. Additionally, if an attorney discloses work product to a third party in a way that could allow the other side to obtain it, the privilege may be waived.
Overall, attorney work product privilege is an important tool that allows attorneys to prepare their cases without fear of the other side gaining an unfair advantage. However, it is not an absolute protection and can be overcome in certain circumstances.