Anyone inadvertently copy OC on an email with a memo analyzing an issue very detrimental to your case? I tried recall and directed OC to delete but I’m still shaking and panicking. What do I do?!

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Oh this is bad. You have to own up. Tell your partner / supervising attorney immediately and they will probably instruct you to send an email to opposing counsel noting that they were inadvertently copied on a privileged communication and ask them to disregard. Opposing counsel won’t be able to use it, but it’s gonna be embarrassing for you for a minute. You’ll survive!

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Thanks. I think I’ve done as much as I can. But I still feel sick about it.

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Your client will likely have to be notified as well.

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Agree with telling partner, etc. most jurisdictions have rules on inadvertent disclosure of esi and sanctions for non compliance but only if you act promptly and follow steps required eg demand deletion of inadvertently disclosed material by c date, with confirmation in writing. If refused then file motion by x date, etc. Start there.

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Don't sweat it...OC probably already knew the weaknesses in your case anyway. But be honest and tell your boss anyway.

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A partner in my office did something similar. He forwarded an email that, lower in the chain, contained some very detrimental information from the client relating to the case to opposing counsel, who was a lawyer for the NLRB investigating an unfair labor practice charge. The partner was near-hysterical and actually curled up into the fetal position in the corner.

I quickly wrote to the NLRB lawyer and asked him to delete the email, which he promptly did without fuss. Shortly thereafter, the NLRB dismissed the unfair labor practice charge.

I think you should wait and see what the other lawyer does before taking any other steps. You may be pleasantly surprised at the reaction.

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You may want to contact your bar’s ethics line if you have one. They can give you confidential advice.

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