Rethinking Work Product

70 Pages Posted: 11 Aug 2007

See all articles by Elizabeth G. Thornburg

Elizabeth G. Thornburg

Southern Methodist University - Dedman School of Law


This article analyzes the traditional and law & economics explanations purporting to justify the exclusion of work product materials from discovery. It argues that none of these arguments are well founded and that, instead, the privilege increases costs and decreases the system's ability to produce appropriate settlements and accurate fact finding. To the extent that the privilege serves legitimate ends, narrower and more narrowly tailored protections would provide the necessary protection.

Keywords: discovery, work product, privilege, deposition, interrogatory, federal rules

JEL Classification: K41

Suggested Citation

Thornburg, Elizabeth G., Rethinking Work Product. Virginia Law Review, Vol. 77, p. 1515, 1991, Available at SSRN:

Elizabeth G. Thornburg (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 0116
Dallas, TX 75275
United States
214-768-2613 (Phone)
214-768-3142 (Fax)

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