Ethics

Interesting case, depending on which set of facts you base your result on: the majority reasoned that if a lawyer at a firm inadvertently receives privileged documents and doesn't do as is required under state law -- notify and return -- that the entire firm as a matter of law is disqualified. The concurring opinion, though, laid out the facts more fully, and it's clear that at least two, and probably more, lawyers reviewed the documents and the firm claimed privilege over the extent of the internal disclosure, and so for that reason firm-wide disqualification was in order. The case, Greenberg Taurg v. Atlas Air, Inc., __ So.2d __ (Fla. App. Sept. 17, 2008), is here.