New Jersey Superior Court Judge Douglas Hague required plaintiff attorneys to produce deposition transcripts for medical malpractice defendant Tamburello’s expert and precluded use at trial of any deposition document not identified beforehand. But Hague said the defense was not entitled to information about how the plaintiff would use them at trial. The Appellate Division affirmed in part in Dalton v. Crawley. Although the transcripts are discoverable (because they were not “prepared” for trial – only gathered. But in requiring plaintiff to designate those which he intended to use at trial the order intruded on a lawyer’s “mental impressions”, “trial stratagy, etc.
Chapter 4: The Lawyer's Duty of Confidentiality / Chapter 9: Why Do Lawyers Have Special Privileges and Responsibilities
Professional Responsibility: A Contemporary Approach 