Opinion Work Product—Solving the Dilemma of Compelled Disclosure

I. Introduction II. A Short History of the Work Produce Doctrine III. Opinion Work Product ... A. Discovering Factual Information ... B. What Types of Information Constitute Opinion Work Product ... C. Is Opinion Work Product Discoverable? ... D. Approaches to Discoverability IV. A Unified Approach to Discoverability ... A. Current Litigational Realities ... 1. Narrowed Protection under the Federal Rules ... 2. Waiver and Related Concepts ... B. The Foundational Concepts ... C. The Unified Discovery Standard ... D. Procedural Considerations V. Conclusion