Although most lawyers’ knowledge of the work product protection focuses on their clients’ and their own preparation of material in anticipation of litigation or for trial, it is important to remember that the government and the government’s lawyers are entitled to the same protection.
In E.E.O.C. v. International Profit Association, Inc., 206 F.R.D. 215 (N.D. Ill. 2002), the court held that the work product protection covered completed questionnaires returned by prospective claimants in an employment and sexual harassment case brought by the EEOC (on behalf of individual employees).
Lawyers who deal with the government should become familiar with the rules covering attorney-client privilege and work product claims by the government.