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Formal Ethics Opinion 11-460: Duty when Lawyer Receives Copies of a Third Party's Email Communications with Counsel (downloadable pdf)
Formal Ethics Opinion 11-460: Duty when Lawyer Receives Copies of a Third Party's Email Communications with Counsel (downloadable pdf)
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However, court decisions, civil procedure rules, or other law may impose such a notification duty, which a lawyer may then be subject to discipline for violating. If the law governing potential disclosure is unclear, Rule 1.6(b)(6) allows the employer's lawyer to disclose that the employer has retrieved the employee's attorney-client e-mail communications to the extent the lawyer reasonably believes it is necessary to do so to comply with the relevant law. If no law can reasonably be read as establishing a notification obligation, however, then the decision whether to give notice must be made by the employer-client, and the employer's lawyer must explain the implications of disclosure, and the available alternatives, as necessary to enable the employer to make an informed decision.
Product Details
Sponsors
Center For Professional Responsibility
Product Code
5611100460PDF
Publication Date
8/1/2011 12:00:00 AM
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