What is work product?

• A. It is documents and other tangible things prepared in anticipation of litigation or for trial by or for another party or his representative
• B. Public records
• C. Evidence presented at trial
• D. Witness testimony

Answer: (A)

Work product refers to the documents and other tangible things that are prepared by or for a party in anticipation of litigation or for trial, and done so by that party or by his representative (such as an attorney or consultant). The idea is to protect the attorney’s preparation and strategic thinking from automatic disclosure to opponents, ensuring that lawyers can prepare their case without revealing their mental impressions or trial plans. The phrase “prepared in anticipation of litigation or for trial by or for another party or his representative” captures both the timing (before or during litigation) and the source (the party or someone acting for the party).

That makes the choice describing documents and other tangible things prepared in anticipation of litigation or for trial by or for another party or his representative the best fit. Public records, evidence presented at trial, and witness testimony are not protected as work product; public records are generally accessible, and trial evidence or testimony are part of the trial record rather than materials prepared in advance of litigation for trial preparation.