Jeffrey and Virginia M. Hambarian - Page 11




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               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 for                 






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