Since writing this post, I've reflected on the case with some of the attorneys at my office. I think we're all in agreement that the first holding, if limited to similar facts, is appropriate. I still my protest that any judicial interference with pretrial tactics is too much.
The interesting thought another attorney had is whether these pretrial "contracts" will entitle contingency lawyers to fees and costs? If the rules of contract law apply, then the remedies are contractual (including fees/costs). This makes an interesting argument for any court.
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