Return to Sender? Inadvertent Disclosure of Privileged Information


A 1992 ABA Ethics Opinion directs lawyers not to read privileged information inadvertently sent by an adversary or other attorney. But the ethical obligations all lawyers owe to the courts and to their own clients conflict with that opinion. A better rule would hold that information does not remain privileged after it has been voluntarily transmitted to an opposing lawyer.


Legal Ethics and Professional Responsibility

Date of this Version

August 2004