Re: No Faith in the Moral Standards of the Players as a Group
 

Sounds like A threw B under the bus. I would then depose B and use all of the documents. Betcha A doesn't utter a peep.

Re: No Faith in the Moral Standards of the Players as a Group
 

Agreed. And counsel for A will have a tough time arguing that emails that B sent to A and received from A can't be shown to B because of the protective order.

I'd first send a letter to A's counsel about her improper blanket "attorney eye's only" designation of 5000 pages, but unless you have a judge who you know will ding you and not the other side, go for it.

Lawtalkers - Imaginary Friends sharing legal advice since 2003.

Re: No Faith in the Moral Standards of the Players as a Group
 

It sounds like your protective order does NOT say that you can show documents to any person who sent, received, or reviewed them in the ordinary course of business outside the litigation. Bummer.

Here's what I would do: If it's addressed to B's CEO and B itself is not a party, I probably would not use the document in a deposition of just anyone at B. But in a deposition of B's CEO, I would expect to use it. I'd ask some non-leading questions about it, before showing him the document (did you get an email from A about x? On around x date? What do you recall about that email? Blah blah blah).

Then I would give the document to A's lawyer (I'm assuming A is the opposing party and will be there), and ask if he agrees that you can show the document to the witness, since the document was originally addressed to the witness. You can pitch it as requesting a limited exception to the protective order (i.e., deal with this on a case-by-case basis), or as dealing with an obvious flaw in the protective order (agreeing that the parties can always show dox to people who received or sent them in the first place). Which is better really depends on your situation.

If A refuses, make clear that you intend to recall the witness and request sanctions for an over-designation under the protective order. No one wants to be the dickhead arguing to the judge that he properly refused to let you show a document to the original addressee of that document.


Or, you could just ask B's CEO to produce the document in your depo notice.

Re: No Faith in the Moral Standards of the Players as a Group
 

did ask B to produce, and if it does this becomes a non-issue.

Re: No Faith in the Moral Standards of the Players as a Group
 

And makes it the dullest real-world hypo we've been presented with to date.

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TM

Re: No Faith in the Moral Standards of the Players as a Group
 

Oh, come on - everyone will mainly agree that I am mostly correct when I say that discussing a problem another lawyer is having in one of their cases is far more interesting than dealing with the issues in out own cases. I like our occasional series "HankHypos." (Alternate title: "Help a Hanker Out!")

Plus, didn't you notice that I made you a character -- the CEO of Company B? No? Huh.

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TM

Re: No Faith in the Moral Standards of the Players as a Group
 

I skipped everyone else's "here's my advice" posts. Why would I listen to you guys?

Re: No Faith in the Moral Standards of the Players as a Group
 

My recommendation was that he hire you.

Re: No Faith in the Moral Standards of the Players as a Group
 

this is a case full of the biggest crooks I've ever seen. They do nothing without being forced. the odds of B producing, and producing the few documents I need, are less than 50%. I wrote A's counsel and said i assume they have no objection but if they do I need to know by tomorrow so we can get the Judge involved. The best advice here was no way he wants to bother the judge with this one.

Re: No Faith in the Moral Standards of the Players as a Group
 

That was the second-best. The best was from GGG.

Re: No Faith in the Moral Standards of the Players as a Group
 

I would hire you, but can't imagine you committing to no longer being adverse to me:confused:

Re: No Faith in the Moral Standards of the Players as a Group
 

Believe me, I've sucked up to people who are worse (ish).

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TM