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Weren't they already requested in discovery and just not produced? That's what is unclear to me. I suspect either version (requested and not produced, or mistakenly produced) could result in a bar complaint but whether it actually results on disciplinary action is another question
Bowl Leader
It’s a bit unclear to me too but it seems like there’s an ethics complaint coming either way but I’m not sure about the legal mal claim, I think given the verdict and assuming they’re insured it is probably a given.
put it this way, at the very least he wont be paying that trial invoice.
as to malpractice it would hinge on the “case within the case” and this was damages only trial - we often overlook that. it is a hilariously bad blunder though and will certainly be plead by fresh counsel.
Was there a policy at the time of trial? I assumed he was paying out of pocket especially after admitted liability order related to discovery abuse. Assumed that would have given insurer an out. Heard he raises 9M in defense funds from listeners.
Bowl Leader
Oh no idea, I meant his attorneys’ professional liability policy.