Privilege Lessons From An Inadvertent Email

Law360, New York (May 31, 2017, 2:46 PM EDT) -- Eight years ago the Second District Court of Appeal issued a decision establishing an attorney's ethical duties upon receipt in discovery from opposing counsel of an inadvertently produced, privileged communication. State Comp. Insurance Fund v. WPS Inc. (1999) 70 Cal.App.4th 644 (the "State Fund rule"). A recently published (April 18, 2017) Fourth District Court of Appeal decision addresses whether a client's inadvertent production of his attorney's privileged email imposes the same duties on opposing counsel. McDermott Will & Emery LLP v. Superior Court, 2017 Cal. App. LEXIS 349 (Cal. Ct. App. 2017) ("McDermott").

An attorney has no control over an attorney-client...

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