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?
Inform the client about the information and consider its implications for the case
Retain and review the materials for potential benefits to the client
Notify the sender of the error and seek guidance on how to handle the materials
Discard the materials and refrain from discussing them with others
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.
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients