How do attorney-client privilege and the attorney work product doctrine differ?

• A. Work product protects confidential communications; privilege protects materials prepared for litigation from disclosure.
• B. Privilege protects confidential communications; work product protects materials prepared for litigation from disclosure.
• C. Privilege protects the attorney's thoughts; work product protects communications.
• D. Privilege and work product both protect all documents.

Answer: (B)

Attorney-client privilege shields confidential communications between a client and their attorney made for seeking, obtaining, or receiving legal advice. This protection covers the communication itself and the information shared in confidence, and it belongs to the client, who can waive it. The attorney work product doctrine, on the other hand, protects materials prepared by or for the attorney in anticipation of litigation—such as notes, memoranda, legal theories, and even the attorney’s mental impressions—so they aren’t disclosed to the opposing side. The key difference is that privilege focuses on the confidentiality of the actual communications for legal advice, while work product guards the attorney’s preparation work for litigation. Work product is not absolute and can be overcome in limited circumstances when the other party shows substantial need and cannot obtain the equivalent information by other means. So the correct description is that privilege protects confidential communications, while work product protects materials prepared for litigation from disclosure.