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Legal Ethics and Professional Responsibility Commons

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Full-Text Articles in Legal Ethics and Professional Responsibility

Ethically Handling The Receipt Of Possibly Privileged Information., James M. Fischer Jan 2011

Ethically Handling The Receipt Of Possibly Privileged Information., James M. Fischer

St. Mary's Journal on Legal Malpractice & Ethics

Inadvertently sent e-mails that contain privileged information, material negligently included in a discovery response, or employer's documents taken by a whistle-blower all share a common theme-the materials were not intended to be disclosed to the opposing party. This Article makes two contentions. First, all unintended disclosures should be treated under a single standard that asks whether the privilege holder exercised reasonable care in maintaining the confidentiality of the materials. Second, with respect to the receiving lawyer's professional obligations, a lawyer who receives materials that may be privileged should be allowed to read the materials: (1) to determine whether the materials …


From Hero To Villain: The Corresponding Evolutions Of Model Ethical Codes And The Portrayal Of Lawyers In Film, Amy S. Beard Jan 2011

From Hero To Villain: The Corresponding Evolutions Of Model Ethical Codes And The Portrayal Of Lawyers In Film, Amy S. Beard

NYLS Law Review

No abstract provided.