April 01, 2014

Scruples: Accessing an Adversary’s Emails

An examination of ethics rules around lreading an adversary's email.

Michael Downey

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“Remember when we represented Jay in that partnership dispute against Kaye several months ago?” Paradox asked, settling into a chair across from Ethox. “Sometimes we felt Kaye’s lawyer Nemesis could predict our next move. And now we know how.”

“Really?” Ethox queried.

“Early in the litigation, perhaps even before Jay and Kaye started fighting, Kaye was reading Jay’s emails—even our legal advice to Jay. Kaye probably shared all our plans with Nemesis.”


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