Question

A plaintiff brought a malpractice action against a law firm that had represented him in a personal injury suit. The plaintiff alleges that the firm was derelict in failing to interview a doctor he suggested as a prospective expert witness. The firm’s pleadings contend that the doctor was never brought to the attention of anyone at the firm and was never considered as a witness. The plaintiff wants to introduce a "proposed witness list" from his case file at the firm. After the name of the doctor is the notation, "the plaintiff wants us to check this guy out before trial." The notation is in the handwriting of a paralegal with the firm who is responsible for updating various case files as part of his regular duties. The paralegal did no direct work on the plaintiff’s case and he cannot remember which attorney in the firm asked him to make the notation. The defense objects to the introduction of the proposed witness list containing the notation.

The proposed witness list and notation are:

Answer 1

The proposed witness list and notation are: Admissible as regularly conducted business.

Step-by-step explanation:

The witness list and notation here should be admitted as a regularly conducted activity (business record) since it satisfies the conditions:

The writing or record which in this case is the witness list and notation will be admissible as evidence of the transaction(the witness) if it is a regularly conducted business activity as it is customary to make these records.

The business record contains matters within the personal knowledge of the entrant.

The entry was made at the time of the transaction.

This means that if the records are found and they contain the notation for the doctor witness then it will serve as proof of that fact since all the requirements for a business record(since it should be a regular course of business) are present.