skip to main content
Overview
Toggle Button Open

June 14, 2022

New York Law Journal

In new analysis for New York Law Journal, Partner James Bernard and Senior Counsel Joel Cohen examine the ethics rules attorneys must adhere to when they receive email messages not intended for them.

“Put aside the ethical violation that may be occurring, there is a potential for an attorney being disqualified if he ‘doesn’t play by the existing rules’ — ethics-based or otherwise,” James and Joel write.

“Not intending to be prissy here, the path of least resistance after the attorney realizes that the email or document wasn’t intended for him, is to simply stop reading, notify the adverse attorney and follow her instructions. Or at the very least promptly take it up with the judge to get a ruling on the lawyer’s obligations from the judge’s — perhaps outcome-determinative — perspective.”

Click here to read more. (Subscription Required).

June 14, 2022

New York Law Journal

In new analysis for New York Law Journal, Partner James Bernard and Senior Counsel Joel Cohen examine the ethics rules attorneys must adhere to when they receive email messages not intended for them.

“Put aside the ethical violation that may be occurring, there is a potential for an attorney being disqualified if he ‘doesn’t play by the existing rules’ — ethics-based or otherwise,” James and Joel write.

“Not intending to be prissy here, the path of least resistance after the attorney realizes that the email or document wasn’t intended for him, is to simply stop reading, notify the adverse attorney and follow her instructions. Or at the very least promptly take it up with the judge to get a ruling on the lawyer’s obligations from the judge’s — perhaps outcome-determinative — perspective.”

Click here to read more. (Subscription Required).

Professionals

Related Services