Quote:
Originally Posted by Passacaglia
For the lawyers out there...do sides actually have "secret" strategies in cases like these, or any cases for that matter? It just sounded really stupid to think that Marshall was somehow in trouble just because someone took some pictures of their dry erase board.
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As noted above, there is "work product" that is not discoverable. But, in a civil case with competent firms, there would not be a lot of stuff that the other side would not get through proper means. Basically, we don't like trial by ambush, so you are allowed to effectively ask the other side "what evidence do you have," and they have to tell you.
Now, if a firm had internal notes like "Dr. X is not going to be a good witness for us, so let's put him on the list but not call him," that could help the other side.
But, for a half-hour comedy, you try not to overthink it too much.