Civil Procedure Multistate Bar Practice Exam

In which situation is Qualified Work Product subject to discovery?

1. When it is publicly available

2. When substantial need and undue hardship are shown

3. When the trial date is approaching

4. When the opposing party agrees

The correct answer is: When substantial need and undue hardship are shown

Qualified Work Product is a legal protection that applies to materials prepared in anticipation of litigation. Generally, this protection means that such work product is not readily accessible to opponents in a lawsuit. However, there are circumstances where it can be subject to discovery. The correct situation arises when the party seeking discovery demonstrates substantial need for the work product and can show that they would suffer undue hardship if they do not obtain it. This standard balances the interests of protecting the mental impressions of attorneys—essentially the strategies and thoughts that go into litigation preparation—against the necessity for the opposing party to access evidence that is critical to their case. In this context, the requirement of showing both substantial need and undue hardship is important because it emphasizes that simply wanting the document is not enough; the requesting party must articulate why access to the work product is essential for their case and why they cannot obtain equivalent information through other means. The other contexts provided do not independently justify the disclosure of Qualified Work Product. Public availability does not inherently negate the work product doctrine. The nearing trial date does not itself provide a basis for overcoming the protections. Lastly, while an opposing party's agreement might facilitate access to certain documents, it does not establish a legal standard under which qualified work product becomes discoverable