Which of the following is true about the relationship between opinion work product and trial use?

• A. Yes, always
• B. No, unless it is being used for trial
• C. It depends on the jurisdiction
• D. Only when prepared by outside counsel

Answer: (B)

Opinion work product is protected because it includes the attorney’s mental impressions and strategic conclusions. That protection stays strong in most situations, preventing discovery. But when the material is actually used at trial, the dynamics change: the trial-use context exposes the content to the adversary in a concrete way, and many systems treat that use as opening the door to access or test those opinions. So it’s not universal protection in every scenario; it depends on whether the material is being used for trial. That’s why the statement that it’s not always protected unless it’s being used for trial captures the correct relationship.