Civil Procedure Multistate Bar Practice Exam

Which type of Work Product is categorically protected and cannot be discovered?

1. Public records

2. Opinion work product

3. Fact work product

4. Testimonies

The correct answer is: Opinion work product

Opinion work product is categorically protected and cannot be discovered due to its nature. This type of work product is comprised of an attorney's personal thoughts, strategies, and mental impressions developed in anticipation of litigation. Since it reflects the attorney's reasoning and provides insights into their trial strategy, courts tend to provide a robust protection for this type of material to encourage candid communication and effective legal advocacy. In contrast, fact work product may be discoverable if the opposing party shows substantial need and cannot obtain the information by other means without undue hardship. Public records do not fall under the protection of attorney work product because they are available to the public, and testimonies generally relate to oral or written statements provided in a legal proceeding rather than the internal work product of an attorney.