Malpractice risk from disclosing “unsolicited” email communications – are disclaimers effective?

Major law firm has been sued by a prospective client for legal malpractice. The law firm allegedly communicated confidential information by disclosing an email in which the potential client sought representation as a possible whistleblower. According to the suit, plaintiff emailed an attorney of the firm requesting legal representation. The request contained privileged information regarding […]

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Corporate director’s communications with his personal attorney using company email system are not subject to the attorney-client privilege according to the Delaware Court of Chancery.

In In re Information Management Services Derivative Litigation, C.A. No. 8168-VCL, slip op. (Del. Ch. Ct. Sept. 5, 2013), the Delaware Court of Chancery court dealt with a dispute between two families, the Burtons and the Lakes, that each owned 50% of IMF.  The Burtons accused the Lakes of breach of fiduciary duty in management […]


Lund v. Myers, 2013 Ariz. LEXIS 159, 2013 WL 3583944 (Ariz. July 16, 2013)

The court held that a lawyer who received inadvertently produced documents is ethically permitted to submit them to the trial court under seal.   From the Opinion: “Unlike the court of appeals, we do not find that a receiving party who presents the information under seal to the court thereby violates Rule 26.1(f)(2) by using the information […]

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