The term “ordinary work product” refers to material, whether tangible or intangible, that is created by or for a lawyer, or specifically prepared for litigation. It can exist in written or oral form and includes factual information, but not the lawyer’s personal thoughts or impressions. Generally, ordinary work product is protected from being discovered or disclosed, but there may be exceptions if a party can demonstrate a significant need for the materials.
Ordinary work product refers to tangible or intangible material that was prepared by or for a lawyer, or prepared for litigation, either planned or in progress. It includes facts but not an attorney’s mental impressions and is generally exempt from discovery or other compelled disclosure. Examples of ordinary work product include documents, notes, and recordings created by a lawyer or their team during the course of their work on a case. This concept is important in the legal field as it protects the work of lawyers and their teams from being disclosed to the opposing party, allowing them to work freely and without fear of their work being used against their client. For instance, if a lawyer is preparing for a trial and creates notes summarizing the evidence they plan to present, these notes would be considered ordinary work product and exempt from discovery unless a substantial need for the materials can be shown. This protection allows lawyers to prepare their case without fear of the opposing party gaining an unfair advantage.
Ordinary work product refers to materials prepared by an attorney or their team in the course of their legal representation, such as research, notes, and drafts.
Yes, ordinary work product is generally protected by attorney-client privilege, which means it cannot be disclosed to third parties without the client’s consent.
Ordinary work product is generally not admissible as evidence in court, as it is considered privileged and protected from disclosure.
Ordinary work product is generally not required to be shared with the opposing party, as it is protected by attorney-client privilege.
In most cases, clients do not have the right to access their attorney’s ordinary work product, as it is considered privileged and confidential.
Attorneys may use their ordinary work product for future legal cases, as long as it does not violate attorney-client privilege or confidentiality.
Ordinary work product can be subpoenaed, but attorneys can assert privilege and seek to protect it from disclosure.
Attorneys are generally not allowed to destroy ordinary work product if there is pending litigation or if it is relevant to a legal matter.
Ordinary work product can be shared within a law firm, as long as it is done in a manner that maintains attorney-client privilege and confidentiality.
Using ordinary work product for marketing or public relations purposes may be subject to ethical considerations and should be done carefully to avoid disclosing privileged information.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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