An attorney's receipt of apparently privileged materials during litigation presents a conundrum. Was the disclosure purposeful or inadvertent? May the lawyer assume the privilege was waived? What are the recipient lawyer's duties?
Inadvertent Disclosures: CA Supreme Court Establishes Duties of Attorneys, But Issues Remain
In <i>Rico v. Mitsubishi Motors Corp.</i>, the California Supreme Court adopted the 'fair and reasonable approach' originally formulated by the Second District Court of Appeal in <i>State Compensation Ins. Fund v. WPS, Inc.</i>, and set forth the duties of attorneys upon receiving inadvertent disclosures.
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