Receipt of Confidential, Privileged, or Stolen Information

DQ Digest: Inadvertent Disclosure, Qui Tam Relators, Witness Representation, Advance Waivers, and Federal Preemption

Five new and notable disqualification opinions were issued in the last two weeks. In order, they cover: (1) lawyers receiving …

DQ Case of the Week: A Disqualifying Violation of the Rules of Civil Procedure

Two potentially interesting and certainly unusual disqualification decisions were issued late last week. The first case involves a lawyer whose …

DQ Case of the Week: When Effective Screening Is Ineffective

The DQ case of the week involves a law firm disqualified for hiring away opposing counsel’s paralegal. Plaintiffs were suing …

DQ Risk: Representing Lawyers and Receiving Confidential Information About Their Clients

Although lawyers are generally excellent clients, they can come with risks, as the following California and other cases illustrate. The …

DQ Case of the Week: Court Approves Use of Opponent’s Privileged Documents

When a lawyer receives and reviews the opponent’s confidential or privileged documents, the opponent will often file a motion to …

DQ Case of the Week: Prospective Clients, Financial Information, and the Appearance of Impropriety

A lawyer who consults with a prospective client about a divorce generally may not later represent the prospective client’s spouse …

Nonlawyer Employees Causing Disqualification

When a lawyer or firm hires a non-lawyer employee who has previously worked in the legal industry, that new staff …

Receipt of Confidential, Privileged, or Stolen Information

Lawyers fairly often receive the other side’s privileged, confidential, or stolen information.[1] The other side might inadvertently send an otherwise …