NYC Bar Tells Lawyers What to Do With Mistakenly Sent Docs

New York lawyers can, in certain situations, use documents related to a client’s representation that were sent to them inadvertently to help the client, the New York City bar recently said in an advisory opinion.

A state ethics rule requires a lawyer who receives a document related to the representation of a client and who knows that it was inadvertently sent, to promptly notify the sender.

But Rule 4.4(b) doesn’t elaborate on to what extent the lawyer can or should use this information to help the client, the New York City Bar’s professional ethics committee said.

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