Protects documents and tangible things that are prepared in anticipation of litigation by (or for) another party or its representative from disclosure to third parties. The work product protection may be overcome in certain instances where the party seeking discovery shows that it has a substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means. However, even if the work product protection is overcome, courts must still protect from disclosure the mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative concerning the litigation. Like the attorney-client privilege, the work product doctrine's protections may also sometimes be waived. The US Supreme Court first recognized the work product doctrine in Hickman v. Taylor, 329 U.S. 495 (1947).

In some ways, the work product doctrine is broader than the attorney-client privilege because its protections are not limited solely to communications or confidential matters. However, the work product doctrine is also narrower than the attorney-client privilege because its protections extend only to documents and other tangible things that are prepared in anticipation of litigation.

For more information on the work product doctrine, see Attorney-Client Privilege and Work Product Doctrine Toolkit.