Mark Hinderks of Stinson, LLP. Courtesy photo Dear Ethics Lawyer
This column, written by Mark Hinderks, of Stinson LLP, focuses on ethics questions. The discussion here is based on the ABA Model Rules of Professional Conduct, but the Model Rules are often adopted in different and amended versions, and interpreted in different ways in various places. Always check the rules and authorities applicable in your relevant jurisdiction—the result may be completely different.What Do I Do When I Receive a Communication That Appears to Be Inadvertently Sent to Me by an Opposing Lawyer?
Rule 4.4(b) provides that upon receipt of a document or electronically stored information (ESI) relating to the representation of the lawyer's client that the lawyer knows or reasonably should know was inadvertently sent, the lawyer must promptly notify the sender, leaving what happens next to law outside the Model Rules. i.e., there is no requirement in the rule that the receiving lawyer cease reading the document or abide by any instructions of the sender.
September 20, 2023 at 10:04 AM
5 minute read
Ethics Mark Hinderks of Stinson, LLP. Courtesy photo
Dear Ethics Lawyer
This column, written by Mark Hinderks, of Stinson LLP, focuses on ethics questions. The discussion here is based on the ABA Model Rules of Professional Conduct, but the Model Rules are often adopted in different and amended versions, and interpreted in different ways in various places. Always check the rules and authorities applicable in your relevant jurisdiction—the result may be completely different.
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