The essential purpose of the Rule is to keep the files of counsel free from examination by the opponent, insofar as they do not include written statements of witnesses, documents or property which belong to the client or third parties, or other matter which is not encompassed in the broad category of the work product of the lawyer. Memoranda or notes made by the representative are not protected. As to any other representative of a party, it protects the representatives disclosure of his mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. The amended Rule permits it, subject to the limitation that discovery of the work product of an attorney may not include disclosure of the mental impressions, conclusions, opinions, memoranda, notes, legal research or legal theories of an attorney. The amended Rule radically changes the prior practice as to discovery of documents, reports and tangible things prepared in anticipation of litigation or for trial by or for another party or by or for that partys representative, including his attorney, consultant, surety, indemnitor, insurer or agent.įormer Rule 4011(d) expressly prohibited such discovery. ![]() With respect to the representative of a party other than the partys attorney, discovery shall not include disclosure of his or her mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. The discovery shall not include disclosure of the mental impressions of a partys attorney or his or her conclusions, opinions, memoranda, notes or summaries, legal research or legal theories. Subject to the provisions of Rules 4003.5, a party may obtain discovery of any matter discoverable under Rule 4003.1 even though prepared in anticipation of litigation or trial by or for another party or by or for that other partys representative, including his or her attorney, consultant, surety, indemnitor, insurer or agent.
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