Ethical Obligations Regarding Inadvertently Transmitted E-Mail Communications


There is no clear consensus among the relevant rules of professional conduct, case law or the related ethics opinions interpreting the rules of the ethical responsibilities of attorneys regarding inadvertently sent or received e-mails. In this age of social media and rapid e-mail communications, attorneys are increasingly faced with the conundrum of what to do when they send or receive inadvertently disclosed e-mails.

Partner Eric M. Hellige, chair of Pryor Cashman’s Corporate Group, and Associate Durre S. Hanif have written an article that follows the development of the rules of professional conduct and ethics opinions regarding inadvertently transmitted communications, and provides New York attorneys with some basics to enable them to better deal with such communications.

The article was included in the Spring/Summer 2012 issue of Inside, Special Issue: What’s New in Ethics and Privilege, published by the Corporate Counsel Section of the New York State Bar Association.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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