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Baron & Budd asbestos memo
The Baron & Budd asbestos memo is a memo in asbestos litigation where it is alleged a prominent plaintiffs' firm engaged in subornation of perjury and a cover-up. The Texas State Bar Association grievance committee dismissed complaints regarding the memo. It is cited by United States civil justice reformers〔Walter Olson, ("Thanks for the Memories" ), ''Reason'' (June 1998)〕 and politicians as an example of ethical problems in the plaintiffs' bar. Accusations about the memo have also arisen in the context of Fred Baron's relationship with former presidential candidate John Edwards.〔Ramesh Ponnuru, (Robber Baron? ), ''National Review Online'' (15 July 2004)〕
==History==
In 1997, a junior associate at Baron & Budd, P.C., a law firm founded in part by Fred Baron accidentally produced to the defense counsel a twenty-page memo titled "Preparing for Your Deposition."〔Lester Brickman, ("On the Theory Class’s Theories of Asbestos Litigation: The Disconnect Between Scholarship and Reality" ), 31 Pepperdine L. Rev. 33 (2004).〕 Republican Senator Jon Kyl, a tort reform advocate, called the memo "a startling insight into how asbestos claims are created"; in a Senate Report, Kyl writes that the memo:
::''gives clients detailed instructions how to credibly testify that they worked with particular asbestos products. The memo also instructs clients to assert particular things that will increase the value of their claim, without regard to whether those things are true. The memo even informs clients that a defense attorney will have no way of knowing whether they are lying about their exposure to particular asbestos products.''〔Additional View of Senator Kyl, (Senate Report No. 108-118 ) at pp. 81-184 (21 Jul. 2003) (reprinting memo in full).〕
Clients were also instructed by the memo to deny that they ever saw warning labels on product packages.〔 The memo was so detailed and comprehensive that Eugene Cook, a former Texas Supreme Court Justice, said at the time, "With this document, you could almost go down the street, get a homeless person, spend a couple of hours with him, and he would be prepared to testify."〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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