What is the criticism of the ABA ethics opinion stating that when lawyers are in receipt of protected materials mistakenly sent to them that they should not examine them and instead should follow the other lawyer’s wishes about returning the materials?
Answer to relevant QuestionsWhat is the difference between client information and client confidences? Was Jim wrong to have told Frank what he learned through the inadvertent disclosure? Why does the law presume that lawyers and clients cannot negotiate from a position of equal strength, as is the case with most other business negotiations? Where jurisdictions allow affected (or tainted) lawyers to be screened and thereby avoiding imputed disqualification for the firm, what kinds of evidence show that the screen is effective? Are there any factors presented that would favor the hiring and screening of Diane?
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