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« Hollywood time-space physics and other thoughts about "24" | Main | Now reading "Anonymous Lawyer" »

May 30, 2006



This weekend I ate at a Hawaiian restaurant here in San Jose. It's not an upscale place, but it's not fast food either. The service was less than impressive: I fetched my own menus, and we had to wait a while for water, and ask for our waitress to take our orders. On the other hand, the food came quickly enough, and our sodas were refilled promptly. When the bill came, we weren't charged for the two sodas. I did not point this out. But despite the marginal service, I tipped my normal 17% (sales tax doubled). I didn't lose sleep over the "free" sodas. In my business, if I forget to bill for services I render, I don't expect my customers to voluntarily cut me a check. Similarly, I don't feel obligated to audit a restaurant tab for possible omissions. To me, this falls under "you snooze, you lose".


Actually, I believe some states have an ethical rule requiring the return of inadvertently produced attorney-client privileged documents. And where they don't, it's typically written into protective orders in cases where discovery obligations are symmetrical. (In individual v. corporation suits, the smaller party has much less incentive to agree to rules that reduce the cost of discovery screening by the larger party.)

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