Many of us have had the experience of opposing counsel copying their client on an email about the matter (and sometimes an email that takes us to task for some supposed transgression). The immediate response may be to “Reply All” and tell the lawyer (and their client) that they are wrong. Satisfying, but when you
Failing to notify opposing counsel of client’s “burn files” leads to disqualification in NJ case
What are your ethics obligations when your client gives you documents that the client may not be entitled to have? Model Rule 4.4(b), adopted in some form by most jurisdictions, provides some guidance. Applying it, together with other principles, a New Jersey appeals court, in an unpublished ruling, recently disqualified a firm from