- 11 - Accordingly, the Sporck holding has been interpreted to require that the attorney’s mental impressions would be revealed by the disclosure of the documents selected by an attorney in contemplation of litigation. For instance, the defense attorney in Sporck selected a limited quantity of documents, which fit in a folder. Conceivably, such a discrete selection from a universe consisting of more than 100,000 documents could have disclosed the attorney’s mental impression regarding the defense of and preparation for a deposition. In stark contrast, petitioner’s defense attorney selected 100,000 pages of documents from a larger universe of documents. Given the huge volume of otherwise discoverable documents, we are constrained from concluding that the mental impressions of petitioner’s defense attorney could be gleaned or discerned if the documents were revealed to a third person. In the case before us, the prosecuting attorney selected 10,000 pages and petitioner’s defense attorney selected 100,000 pages from a larger universe of documents maintained by the prosecuting attorney. Given the large volume of documents (pages) involved, there is little or no likelihood that the defense attorney’s mental impressions would be discernable. We are also cognizant that the case before this Court is a civil proceeding and that the parties are urged and required to exchange documents and to stipulate them in preparation forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011