26.32 - 2. “Substantial Need”

JurisdictionNew York

2. “Substantial Need”

Many of the exceptions that apply to the attorney-client privilege also apply to the work product doctrine.3825 However, there is one exception that uniquely applies to the work product doctrine. This is the “substantial need” exception. In New York, an opposing party may obtain attorney work product “only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the case and is unable, without undue hardship, to obtain the substantial equivalent of the materials by other means.”3826 Despite this exception, certain materials in many jurisdictions are always protected from disclosure.3827 These include the “mental impressions, conclusions, opinions...

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