Which statement correctly describes the work product doctrine?

• A. It protects materials prepared for litigation from disclosure.
• B. It protects confidential communications between client and attorney.
• C. It requires the client's consent to disclose notes.
• D. It applies only to settlement discussions.

Answer: (B)

The work product doctrine protects documents and other tangible materials that are prepared in anticipation of litigation by or for counsel from discovery by opposing parties. This means notes, memos, drafts, and other records created by or for the attorney while gearing up for a case are shielded to preserve the lawyer’s ability to think and plan without exposing those thoughts to the other side. It’s about shielding the attorney’s mental impressions and litigation strategy, not about shielding confidential client communications themselves. That distinction is important: confidential client-attorney communications are protected by the attorney-client privilege, which is a separate protection. The work product protection doesn’t require the client’s consent, and it isn’t limited to settlement discussions; it covers materials prepared during preparation for litigation, though there can be exceptions (such as for a showing of substantial need and inability to obtain the information otherwise).