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Ethics

: Legal Ethics Forum

Rico v. Mitsubishi: stop reading and notify; DQ affirmed

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The California Supremes have issued their opinion in Rico v. Mitsubishi,

Here we consider what action is required of an attorney who received privileged documents through inadvertence and whether the remedy of disqualification is appropriate.  We conclude that under the authority of State Comp. Ins. Fund v. WPS, Inc. (1999) 70 Cal. App. 4th 644 (State Fund), an attorney in these circumstances many not read a document any more closely than is necessary to ascertain that it is privileged.  Once it becomes apparent that the content is privileged, counsel must immediately notify opposing counsel and try to resolve the situation.  We affirm the disqualification order under the circumstances presented here.

UPDATE:  It appears to hold that core work product is not subject to the crime fraud exception.  That's new law to me, although perhaps I missed it before.

Full post as published by Legal Ethics Forum on December 13, 2007 (boomark / email).

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