The work product privilege is codified in Rule 26(b)(3), Federal Rules of Civil Procedure. The privilege applies to “(1) [ ] a document or tangible thing, (2) that was prepared in anticipation of litigation, and (3) was prepared by or for a party, or by or for his representative. Rule 26(b)(3); see
Herman v. Crescent Publishing Group, Inc., 2000 WL 1371311, at *3 (S.D.N.Y. Sept. 21, 2000). It “shelters the mental processes of the attorney, providing a privileged area within which he can analyze and prepare his client's case.” United States v. Nobles, 422 U.S. 225, 238 (1975). For the privilege to apply, the document must not merely be selected and compiled for litigation purposes, but must reflect a “real, rather than speculative, concern that the thought process of ... counsel in relation to pending or anticipated litigation would be exposed.” Resolution Trust Corp. v. Diamond, 137 F.R.D. 634, 644 (S.D.N.Y.1991) (citation omitted). The scope of the privilege is, therefore, “modest,” and does not extend to every written document generated by an attorney,” nor does it “shield from disclosure everything that a lawyer does.” Id.