That work done by an attorney in the process of representing a client which is ordinarily not subject to discovery; "work product can generally be defined to encompass writings, statements, or testimony which would substantially reflect or invade an attorney's legal impressions or legal theories as to a pending or reasonably anticipated litigation. An attorney's legal impressions and theories would include . . . Tactics, strategy, opinions and thoughts." 34 F.R.D. 212, 213; 329 U.S. 495.
Where special necessity is demonstrated, discovery may nevertheless be had; e.g., where "relevant and non-privileged facts remain hidden in an attorney's file and production of those facts is essential to the preparation of one's case." Id. At 511.
