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Old 01-07-2011, 03:26 PM   #2531
LessinSF
Wearing the cranky pants
 
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Join Date: Mar 2003
Location: Pulling your finger
Posts: 7,122
Re: It was the wrong thread

Quote:
Originally Posted by Hank Chinaski View Post
and PS, color me bad but when someone inadvertently discloses priv. shit I think the duty is on the discloser to find out and raise it. most protective orders I've seen do not put a burden on disclosee to look careful to make sure it's okay to keep.
You too can have a Court kick you off a case:
Quote:
For cases following State Fund, HN18there is an ethical duty immediately to disclose inadvertently received privileged information. More precisely, an attorney who inadvertently receives plainly privileged documents must refrain from examining the materials any more than is necessary to determine that they are privileged, and must immediately notify the sender, who may not necessarily be the opposing party, that he is in possession of potentially privileged documents.

Rico v. Mitsubishi Motors Corp., 116 Cal. App. 4th 51, 69 (Cal. App. 4th Dist. 2004)
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