Abstract
This Article seeks to align the rules of ethics with the rules of evidence, rules of civil procedure, and private agreements in confronting the vexing issue of inadvertent disclosures. It proposes a clear-eyed modification of Model Rule of Professional Conduct 4.4(b) to require a lawyer to use an inadvertent disclosure of confidential or privileged information unless prohibited by the rules of evidence, rules of civil procedure, or private agreement. This inadvertent-disclosure proposal fairly balances the interests of the justice system, civility in the legal profession, and protection of clients.
Original language | American English |
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Journal | 63 St. Louis University Law Journal 235 |
Volume | 63 |
State | Published - 2019 |
Keywords
- inadvertent disclosure
- 4.4(b)
- 26(b)(5)(B)
- 502(b)
- attorney-client privilege
- confidential
- rules of civil procedure
- rules of evidence
- model rules of professional conduct
- professional responsibility
- legal profession
- legal ethics
- judges
- courts
- litigation
- ethics
- judiciary
- FRCP
- FRE
- MRPC
Disciplines
- Law
- Administrative Law
- Civil Law
- Civil Procedure
- Common Law
- Courts
- Evidence
- Judges
- Jurisdiction
- Jurisprudence
- Legal Education
- Legal Ethics and Professional Responsibility
- Legal History
- Legal Profession