Is opinion work product?

• A. No, unless it is being used for trial
• B. Yes, always
• C. Only if the author is a party
• D. It depends on the jurisdiction

Answer: (A)

Opinion work product refers to a lawyer’s mental impressions, conclusions, opinions, and legal theories developed in preparation for litigation. This category of work product is generally protected from discovery, meaning it is not ordinarily discoverable. The protection exists to safeguard the attorney’s ability to think freely and develop strategic approaches without exposing those thought processes to opposing counsel. While fact-based work product may sometimes be disclosed with a showing of substantial need, opinion work product remains off-limits in the usual course. Some jurisdictions may have nuanced rules, but the core idea is that this kind of material is privileged and not typically discoverable.