The concept of an attorney accidentally obtaining an opposing lawyer's pretrial notes and using them for his own advantage seemed to leave California's Supreme Court justices with a bad taste in their mouths Tuesday. Especially when an attorney argued that having access to an opponent's work product provides a surprise factor that lets an attorney test or impeach an expert witness' testimony. Some pundits say the decision in the case could represent the court's most important legal ethics ruling in years.
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Lawyers' Notes Become Ethics Test in Case Before Calif. Supreme Court
The Recorder
October 3, 2007
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