Imagine, if you will, it is 1996 and you are a newly minted lawyer. It’s Friday night and you have tickets to go see The English Patient, which you don’t really want to see, but your friend says it’s amazing and insists you go. But you may have to miss it because you’ve taken on the Herculean task of reviewing the then-massive document production of 10 boxes of paper that you’ve just received from your adversary. Knowing how important it is that you understand the content of the production as soon as possible, you turn up the volume on your CD player and dig into the production.

It’s a typical document production—reports, presentations, memos and letters—some with attachments as indicated on the documents themselves, as was the style. One memo references some figures on “the chart circulated at our last meeting.” The memo, though, does not indicate that the chart was attached, and it was not included with the memo in the production. You hit pause on your CD and stop to think. Perhaps the chart was also produced, but is sitting in another box? But if relevant to the memo, should it have been produced with it, as an attachment, even if it was not originally physically attached to the original memo?

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