Work-product protection under Pennsylvania’s Rules of Civil Procedure is very narrow for nonattorneys, and that is true even if the work product in question is created by a nonattorney hired by and working at the express direction of counsel, see McIlmail v. Archdiocese of Philadelphia, 189 A.3d 1100 (Pa. Super. 2018).

Pa. R. Civ. P. 4003.3 governs work-product issues in civil cases in Pennsylvania state courts. In contrast to the federal work-product rule, work product is generally discoverable in Pennsylvania, unless it falls within one of the exceptions specifically enumerated in Rule 4003.3. Rule 4003.3 treats attorney work product differently than nonattorney work product. For attorney work product, the exceptions to discoverability are broad, and thus the rule provides fairly broad protection for attorney work product.

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