From the Author’s Conclusion:
“Until the State Bar of Georgia, Georgia appellate courts, or its Georgia federal district courts specifically address the issue of inadvertently disclosed e-mail, counsel receiving [inadvertently sent] e-mail must proceed thoughtfully and with caution. At a minimum, the receiving attorney should promptly notify opposing counsel that he has received the materials. Such notification is particularly important if the recipient intends to use such information during discovery or at trial, in order to avoid further discovery disputes or charges of sandbagging. A recipient who desires to use the information must also consider the risks of disqualification or other pre-trial motions that may be filed in an attempt to minimize the damage done by the disclosure. In fashioning their arguments for and against a determination that the attorney-client privilege has been waived by the disclosure, both receiving and sending counsel should consider the various circumstances related to the disclosure, including the precautions, if any, taken by the opponent to avoid disclosure; the extent of the disclosure; the type of information disclosed; and the measures taken by the opponent to try to rectify the disclosure. Finally, throughout the process of determining the effect of an inadvertent disclosure, counsel always must proceed in a fashion that zealously represents their respective client’s interests, while remaining mindful of their professional and ethical obligations to the court and the public.”
The full text is available at http://www.cgpglaw.com…