6 Moore's Federal Practice - Civil § 26.70

Summary

• [1] Purpose of Rule Is to Protect Attorney’s Mental Processes

  The work product doctrine, as codified in Rule 26(b)(3),1 provides that a party may not obtain discovery of documents or other tangible things prepared in anticipation of litigation or trial by or for another party or that other party’s representative, unless the party seeking discovery (1) has substantial need of the materials in the preparation of his or her case, and (2) the party is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of such materials when the required showing has been made, the court must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.2

  The purpose of the work product doctrine is to protect an attorney’s mental processes so that the attorney can analyze and ...