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Simple English definitions for legal terms
opinion work product
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A quick definition of opinion work product:
Opinion work product: This is a term used to describe the thoughts and ideas of a lawyer that are written down or spoken about a legal case. It is usually kept private and not shared with others. This is because it is important for lawyers to be able to think freely and come up with their own ideas without worrying about others seeing them. Opinion work product is almost always kept secret and not shared with anyone outside of the legal team.
A more thorough explanation:
Definition: Opinion work product refers to tangible or intangible material that includes or reflects an attorney's thoughts, such as impressions, theories, and conclusions. It is almost wholly immune from discovery, meaning it is generally exempt from disclosure.
Examples: Examples of opinion work product include notes taken by an attorney during a meeting with a client, a memo outlining a legal strategy, or a draft of a legal brief. These materials are created to assist in the prosecution or defense of a pending lawsuit or in reasonable anticipation of litigation.
Explanation: Opinion work product is protected from discovery because it contains an attorney's mental impressions and thought processes. This protection allows attorneys to freely explore legal theories and strategies without fear of disclosure to opposing parties. The examples illustrate how attorneys use opinion work product to develop legal strategies and prepare for litigation.