Rico v. Mitsubishi Motors Corp.

Zerlene Rico (plaintiff) sued Mitsubishi Motors Corporation (defendant) over a vehicle rollover injury. During the litigation, Mitsubishi's attorney James Yukevich had a Mitsubishi employee take handwritten notes at a strategy meeting, then left those notes in his briefcase at a deposition while stepping out. Raymond Johnson, Rico's counsel, obtained the notes -- he said a court reporter mistakenly handed them over as an exhibit -- and realized within a minute or two that they related to the case and weren't meant to be produced. Despite that, Johnson copied the notes, discussed them with co-counsel and experts, and used them in a later deposition. Mitsubishi moved to disqualify Johnson; the trial court found he'd received the notes inadvertently but acted unethically by examining and using them, and granted disqualification, which the court of appeal affirmed.