R 4.4 - Respect for Rights of Third Persons

Question 1

If the attorney receives documents, by whatever means, in regard to the representation of the client by mistake, what shall the attorney do?

Answer 1

The attorney shall notify the sender.

Question 2

When an attorney represents a client, what shall the attorney not do?

Answer 2

The attorney shall not use means that have no substantial purpose if it is to embarrass, delay, burden the third party, or improperly obtaining evidence.

Question 3

What is embedded data?

Answer 3

Metadata.

Question 4

Is there a duty of the receiving attorney to informed the sender about the metadata?

Answer 4

Yes.

Question 5

When the attorney receives evidence that was mistakenly sent, what must he do other than notify the sender?

Answer 5

If not required by law, the receiving attorney may voluntarily return it or delete, but it is up to the receiving attorney’s judgment.