THE WORK PRODUCT DOCTRINE
A party may only obtain materials prepared in anticipation of litigation, “upon a showing that the party seeking discovery has 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. In this context, the phrase “in anticipation of litigation” has been broadly construed to encompass those “investigative materials if such materials were compiled in response to some event which foreseeably could be made the basis of a claim.”
