Fact work product refers to tangible materials that contain factual information but do not include an attorney's thoughts or strategies. This type of work product is protected under a qualified privilege, meaning it cannot be accessed through discovery unless the requesting party demonstrates a significant need for the information. Fact work product is often referred to as ordinary work product.
Fact work product is commonly used in various legal contexts, including civil and criminal cases. Attorneys create these materials during the preparation of a case, as they compile facts that may be relevant to litigation. Users can often manage related forms and procedures themselves with the right resources, such as those offered by US Legal Forms, which provide templates drafted by licensed attorneys.
Here are a couple of examples of abatement:
Example 1: An attorney gathers witness statements and documents related to a car accident case. These materials are considered fact work product because they contain factual information without the attorney's opinions.
Example 2: In a business dispute, a lawyer compiles emails and transaction records to support their client's position. This compilation is fact work product, as it is based on factual evidence rather than legal strategy. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Notes |
|---|---|
| California | Fact work product is protected but may be discoverable if a substantial need is demonstrated. |
| New York | Similar protections apply, with a focus on balancing the need for disclosure against the privilege. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Fact Work Product | Tangible materials containing facts, excluding attorney's impressions. | Focuses solely on factual content. |
| Opinion Work Product | Materials that include an attorney's mental impressions and strategies. | Includes attorney's thoughts, which are more protected. |
If you believe fact work product is relevant to your case, consider the following steps:
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Fact work product includes tangible materials that contain factual information, excluding attorney's opinions.