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Simple English definitions for legal terms
work-product rule
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A quick definition of work-product rule:
The work-product rule is a legal rule that protects an attorney's work from being revealed during a legal case. This rule was created to keep an attorney's strategy secret. It is also called work-product immunity, work-product privilege, work-product exemption, or attorney-work-product privilege. However, this rule is not absolute, and the work-product can be revealed if the party seeking it can show that they need it to prepare their case and cannot get it any other way.
A more thorough explanation:
The work-product rule is a legal principle that protects an attorney's work product from being disclosed or discovered. This rule is established to safeguard an attorney's litigation strategy and is a qualified immunity, meaning it does not provide full protection from discovery.
Under the work-product rule, work-product material is subject to discovery only if the party seeking discovery can show that they have a substantial need for the materials in the preparation of their case and that obtaining the materials by other means would cause undue hardship.
For example, if an attorney creates a document outlining their strategy for a case, that document would be protected under the work-product rule. However, if the opposing party can show that they have a substantial need for that document and cannot obtain the information by other means, they may be able to obtain it through discovery.
The work-product rule is also known as work-product immunity, work-product privilege, work-product exemption, or attorney-work-product privilege.