The work product rule provides that the tangible and intangible results of an attorney's trial preparation are protected from discovery. This protection extends to the thoughts, mental impressions and opinions of an attorney, as well as to trial preparation materials However, Missouri Rule of Civil Procedure 56.01(b)(4), which sets out the work product rule, refers only to "documents and tangible things" prepared in anticipation of litigation. In 1993, two Missouri appellate courts considered whether intangible work product is protected in Missouri and reached opposite conclusions. In State ex rel. Atchison, Topeka, Santa Fe R.R. Co. v. O'Malley, the Missouri Supreme Court clarified the Missouri work product rule, overruling Krigbaum and embracing the Otto protection of intangible work product.

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