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thinking like a lawyer in civic life

hickman v. taylor established that lawyers don’t have to give the other side their notes about the strategy for winning a case—that would be unfair and create a disincentive to write anything down. if football coaches knew that the opposing team could get their game plans so long as they’re written down, they wouldn’t ever write them down. same goes for lawyers. if the other side could get a lawyer’s notes on which witnesses to call at trial, for example, lawyers wouldn’t bother writing things down about their trial strategies because it could be used against them and their clients. hickman v. taylor assumes this wouldn’t be a great thing for clients and the legal system. it would be a problem if lawyers had to rely solely on memory in representing clients—they’d make avoidable mistakes, and chaos could ensue in many corners of the legal system.