1100 Wilshire Prop. Owners Assoc. v. Wilshire
Winston & Strawn, attorneys of record for defendant/cross-complainant 1100 Wilshire Commercial, LLC (WC) obtained from its client attorney-client and attorney work product documents that had been prepared for plaintiff/cross-defendant 1100 Wilshire Property Owners Association (POA). WC obtained the documents because one of its managers was on the POA’s board of directors.
Instead of notifying opposing counsel and returning the documents or coming to an agreement with the POA concerning their use, the law firm attached the documents to a declaration in support of a trial reply brief. The POA, previously unaware Winston & Strawn was in possession of the documents, objected and demanded the law firm’s disqualification. The referee denied the POA’s motion to disqualify counsel, finding no irreversible damage to the POA’s case, but struck the privileged information from WC’s papers. We find no abuse of discretion and affirm.
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