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a substantial need for the information in the documents to prove
that purpose. The L.L.C. memorandum recognizes that substantial
need is one of the elements that a party must show to overcome
the work product privilege. Apart from arguing the availability
of substantially equivalent information from other sources, the
L.L.C. memorandum does not argue that respondent lacks a
substantial need for the information in the documents. Putting
aside other sources, we think that respondent has shown a
substantial need for the information in the documents, and we so
find.
As to the availability to respondent of substantial
equivalents to the documents, we think that respondent’s efforts
to obtain information about the two meetings from Messrs. Hananel
and Robinson show the futility of relying on memory to describe
the particulars, indeed, even the occurrence, of two relatively
brief meetings that occurred more than 8 years ago. Petitioner
and the L.L.C. do not suggest that, other than the memories of
the participants, there is any substantial equivalent to the
documents from which the happenings at the two meetings can be
established. We agree with respondent that there is no other way
for him to obtain the information contained in the documents
other than to examine them.
Respondent has made an adequate showing to overcome the
privilege resulting from the work product doctrine, as claimed by
petitioner and the L.L.C.
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Last modified: March 27, 2008