Which of the following is true about work product?

• A. Yes, it is protected when prepared in anticipation of litigation and for trial
• B. All information is unprotected if it is information in the public domain
• C. Only documents created after a lawsuit is filed are protected
• D. It never protects mental impressions or opinions

Answer: (A)

Work product protection applies to materials prepared in anticipation of litigation by or for a party or its attorney, and it also covers the mental impressions, opinions, and legal theories embedded in those materials. The protection hinges on the preparation for litigation, not on where the information comes from, so even publicly available facts can be protected if they were created in anticipation of litigation. It isn’t limited to documents created after a lawsuit is filed; pre-filing materials prepared in anticipation of litigation can still be protected. And yes, the doctrine protects mental impressions and opinions, not just raw facts. So the statement that it is protected when prepared in anticipation of litigation and for trial is correct.