Inadvertent Disclosure: Rules of Professional Conduct vs. Procedure

New York Law Journal, Vol. 243, p. 9, January 18, 2011

Albany Law School Research Paper No. 10-43

3 Pages Posted: 15 Feb 2011 Last revised: 6 Mar 2011

Patrick M. Connors

Albany Law School

Abstract

With the rise in use of technology in law practice, the problem of inadvertent disclosure is as prevalent as ever. New York’s former Code of Professional Responsibility contained no provision for inadvertent disclosure, but as of April 2009, with New York’s switch to the Rules of Professional Conduct, Rule 4.4 went into effect. However, Rule 4.4(b) only directs the recipient of inadvertently disclosed information to notify the sender so corrective measures can be taken. The Rule has, in fact, made matters less clear.

This article discusses actions that attorneys in litigation should take when they receive inadvertently disclosed information. It is clear that Rule 4.4(b) is not the only section at play in these situations, and that those merely following Rule 4.4(b) could be sanctioned based on New York law.

Suggested Citation

Connors, Patrick M., Inadvertent Disclosure: Rules of Professional Conduct vs. Procedure. New York Law Journal, Vol. 243, p. 9, January 18, 2011; Albany Law School Research Paper No. 10-43. Available at SSRN: https://ssrn.com/abstract=1761634

Patrick M. Connors (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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