Under Rule 4.4 Respect for Rights of Third Persons, which action is permissible?

Under Rule 4.4 Respect for Rights of Third Persons, which action is permissible?

• A. Use means that have no substantial purpose other than to embarrass, delay, or burden a third person.
• B. Not notify of inadvertent document receipts.
• C. Notify of inadvertent document receipts.
• D. Attempt to secure the document for leverage.

Answer: (C)

The action tested here is rooted in Rule 4.4, which requires a lawyer who receives a document relating to the representation of a client and knows or reasonably should know that the document was inadvertently sent to promptly notify the sender. This duty protects the rights and confidentiality of third parties and preserves privilege. By notifying, you enable the sender to take appropriate steps to reclaim the document or prevent improper use, and you avoid furthering any potential breach of confidentiality. Using the document for leverage, attempting to secure it for your own benefit, or ignoring the inadvertent receipt would violate this rule. So, the permissible action is to notify the sender of the inadvertent receipt.

The action tested here is rooted in Rule 4.4, which requires a lawyer who receives a document relating to the representation of a client and knows or reasonably should know that the document was inadvertently sent to promptly notify the sender. This duty protects the rights and confidentiality of third parties and preserves privilege. By notifying, you enable the sender to take appropriate steps to reclaim the document or prevent improper use, and you avoid furthering any potential breach of confidentiality. Using the document for leverage, attempting to secure it for your own benefit, or ignoring the inadvertent receipt would violate this rule. So, the permissible action is to notify the sender of the inadvertent receipt.