Assume you work for an attorney representing the plaintiff in a products liability case. The plaintiff alleges that a toaster she bought was unreasonably defective because the first time she used it, the toast shot up out of the toaster with such force that it struck her in the left eye even though her face was at least two feet above the toaster at the time. The rocketing toast caused plaintiff severe swelling and permanent partial loss of vision in that eye. 

You are instructed to take possession of the toaster and receipt showing plaintiff's purchase of the toaster and to take some pictures of the plaintiff's swollen eye. You visit the plaintiff's home and are surprised to see the that the plaintiff is using the toaster to make toast for her family. She asks if you mind if she makes just one more piece of toast before you take the toaster away and you agree. You view with total amazement as the toast, when it is done, shoots out of the toaster at great speed and achieves a height of five feet in the air. Finally, you take the pictures requested and leave with the pictures, toaster, and receipt.

As you leave the plaintiff's house you toss the toaster in the back seat. Since you were on your way home anyway, you take the toaster in, show it to your family, and demonstrate the flying toast. Your family is so entertained that they invite the neighbors over and the toast party goes on all night. Everyone enjoys the pictures of the injured client as well; they are amazed that a simple piece of toast could cause such swelling. Your much younger sister asks if she can take the toaster and pictures to school the next day for show and tell.  You allow her to take the items provided she brings them back home right after school.

Fortunately, the supervising attorney is on vacation the next day so no questions are asked about the photos and toaster. You toss the receipt in the work file.

The next day you bring the toaster and photos to work with you.  You store the photos in the work file with the receipt. Since the toaster is such a conversation piece, you keep it in your office and demonstrate the flying toast to clients, friends, and others in the office.

A month later the supervising attorney comes in your office with an expert he has retained to help in the toaster case. He wants the expert to take a look at the toaster and formulate an opinion regarding the defect. The expert leaves with the toaster. The supervising attorney says he will meet with you and the expert tomorrow morning to review the case. He tells you to be sure to bring the receipt and photos to the meeting.

The next day, moments before the meeting, you look in the work file but can't find the receipt. You sit down and type a receipt that looks as much like the original as you can remember.  The photos are in the file but they were placed facing each other and became stuck together. They rip apart as you separate them, making your client look like a ghost.

Sheepishly, you go into the conference room for the meeting. The supervising attorney and the expert are studying the toaster, which the expert reports is working just fine.

 

Citing to a Federal or Florida rules of evidence what  evidentiary problems have you created because of your actions.  Please cite the statutes and discuss.

Have you committed any ethical violations? Please list and discuss.

How should evidence be treated when acquired from a witness/source/client?