Ethics/Professional Responsibility
Aug. 31, 2011
Beyond inadvertent production: Attorney disqualification and privileged information
A 4th District ruling on attorney disqualification goes against an established line of California cases.
Amy L. Bomse
Shareholder, Rogers Joseph O'Donnell, PC
Duke Univ SOL; Durham NC
A recent decision of the 4th District Court of Appeal holds that an attorney who views and uses an adversary's privileged documents supplied to him by his own client may, under certain circumstances, be disqualified. Clark v. Superior Court, 196 Cal. App. 4th 37 (June 2, 2011). The new decision expands the application of the State Fund-Rico rule beyond "inadvertent disclosure" by the holder of a privilege to a situation in which a client discloses privileged documents to hi...
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