Law.com is reporting on the oral argument today before the California Supreme Court in Rico v. Mitsubishi Motors. At issue is whether an attorney can use the notes of opposing counsel after inadvertently obtaining a copy. The attorney caught with the notes argued that the notes could be used as a surprise factor to impeach opposing expert witnesses. According to Law.com’s Mike McKee, that argument did not go over well with the court. McKee reports the Chief Justice’s response was “So the surprise factor is more important than the integrity of the court?”
That is not the type of question you want to hear at oral argument during the presentation of your case!