IP: RE: The scary MSWord residue feature -- OLD PROBLEM but bears rep eat Risks Digest 20.83

[Dave Farber <farber () cis upenn edu>]

> From: "Scott, Michael D." <Michael.Scott () alcoa com>
> To: "'farber () cis upenn edu'" <farber () cis upenn edu>
>
> Dave - There are a number of interesting ethical issues which confront a
> lawyer who receives a document which contains what is (or could be)
> privileged information. The American Bar Association in a formal ethics
> opinion issued in 1992 stated:
> "A lawyer who receives materials that on their face appear to be subject to
> the attorney-client privilege or otherwise confidential, under circumstances
>
> where it is clear they were not intended for the receiving lawyer, should
> refrain from examining the materials, notify the sending lawyer and abide
> the
> instructions of the lawyer who sent them." (Formal Ethic Opinion 92-368)
>
> This holds for e-mails; faxes as well as for more traditional documents --
> the leap to hidden revisions is not that great.
>
> Michael Scott