What is defined as the work done by an attorney that is typically not subject to discovery?

The term defined as the work done by an attorney that is typically not subject to discovery is known as work product. This legal doctrine protects the mental impressions, conclusions, opinions, and legal theories of an attorney from being disclosed to opposing parties in litigation. The rationale behind this protection is to encourage open and honest communication between attorneys and their clients, allowing lawyers to prepare their cases effectively without fear that their strategies will be exposed to the opposition. Work product immunity thus serves to maintain the integrity of the legal process.

In contrast, client testimony refers to the statements made by the client in court and is generally subject to discovery, as it is considered relevant evidence. A legal opinion, while potentially privileged in some contexts, does not encompass all of the attorney's preparatory work. Lastly, a subpoena is a legal document that orders a person to attend a court proceeding or present evidence, and it does not pertain to the protective measures surrounding an attorney's investigative and preparatory work.