Multistate Professional Responsibility Exam Practice Question
An attorney receives a packet from opposing counsel that includes corporate records about a third person who is not involved in the case. A note from opposing counsel indicates these materials were shared by mistake. Which approach would reflect an appropriate professional responsibility toward the third person’s rights?
Notify the sender of the error and seek guidance on how to handle the materials
Inform the client about the information and consider its implications for the case
Discard the materials and refrain from discussing them with others
Retain and review the materials for potential benefits to the client
Upon discovering the unintended disclosure, the step that best respects a third person’s rights is to alert the sender and determine how the materials should be handled. This acknowledges a lawyer’s duty to safeguard others’ privacy. Retaining and reviewing the files fails to respect those rights, discarding them provides no solution to the error, and sharing them with the client jeopardizes confidentiality for the third person.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What does it mean to notify the sender of an error in legal correspondence?
Open an interactive chat with Bash
What are the potential consequences of not handling the situation appropriately?
Open an interactive chat with Bash
What ethical rules govern an attorney’s handling of improperly disclosed information?
Open an interactive chat with Bash
Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients