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Problems in Legal Ethics Keyed to Schwartz, 14th Ed.
Rico v. Mitsubishi Motors Corp.
Citation:
42 Cal.4th 807, 171 P.3d 1092, 68 Cal.Rptr.3d 758 (2007)Facts
Mitsubishi’s defense counsel, James Yukevich, held a strategy session with defense experts to discuss litigation vulnerabilities in a vehicle rollover case. Yukevich’s case manager took notes at this meeting, which Yukevich later edited and annotated. During a deposition at plaintiffs’ counsel’s office, Yukevich left his briefcase containing these notes in the conference room while he went to the restroom. Somehow, plaintiffs’ attorney Raymond Johnson acquired these notes. Johnson recognized within minutes that the document contained confidential defense information but made copies and distributed them to his co-counsel and experts. Johnson then used the document to question defense experts during depositions. When defense counsel discovered Johnson’s possession of the document, they demanded its return and moved to disqualify plaintiffs’ legal team. The trial court found that Johnson had acted unethically by examining the document, failing to notify Yukevich of his possession, and using it to gain advantage. The court disqualified plaintiffs’ attorneys and experts, finding the prejudice could not be remedied by less severe measures.
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