Legal Definitions - core work product

Core work product refers to the most highly protected category of information that a lawyer creates while preparing for a legal case. It encompasses the attorney's mental impressions, conclusions, opinions, and legal theories. This type of information is considered exceptionally confidential because it reveals the lawyer's strategic thinking, assessment of the case, and overall approach to litigation. Courts grant strong protection to core work product to ensure that lawyers can freely develop their strategies and theories without fear that their thought processes will be revealed to the opposing side, which could give an unfair advantage.

Here are some examples to illustrate core work product:

• Example 1: Internal Strategy Memo

  During a complex corporate merger dispute, an attorney drafts a confidential internal memorandum for her legal team. In this memo, she outlines her personal assessment of the opposing party's likely legal arguments, her strategic plan for challenging their key witnesses, and her evolving theory on how to best present their client's case to the court. The memo includes her subjective opinions on the strengths and weaknesses of various legal precedents.

  Explanation: This memo constitutes core work product because it contains the attorney's mental impressions, strategic conclusions, and legal theories regarding the litigation. Revealing this document would expose her litigation strategy and thought processes to the opposing side, undermining her ability to effectively represent her client.

• Example 2: Handwritten Case Notes

  While preparing for a personal injury trial, a lawyer reviews hundreds of medical records and witness statements. In his personal, handwritten notes, he jots down his initial thoughts on the credibility of a particular witness, his assessment of the potential jury appeal of certain evidence, and his developing legal theory about how to link the defendant's actions directly to the plaintiff's injuries, including his personal doubts about some aspects of the medical causation evidence.

  Explanation: These handwritten notes are core work product because they reflect the attorney's subjective mental impressions, opinions on witness credibility, and evolving legal theories about causation and presentation of evidence. They are the direct product of his analytical thought process in preparing for trial.

• Example 3: Settlement Negotiation Analysis

  In a contentious contract dispute, a lawyer prepares a confidential analysis for her client regarding a proposed settlement offer. This analysis includes her personal opinion on the likelihood of success at trial, her assessment of the potential risks and benefits of accepting or rejecting the offer, and her strategic recommendations for future negotiation tactics, based on her understanding of the opposing counsel's approach and the judge's past rulings.

  Explanation: This analysis is core work product because it contains the attorney's professional opinions, conclusions, and strategic recommendations based on her legal judgment and understanding of the case dynamics. It reveals her mental impressions about the value of the case and the best path forward for her client.