Additional Resources on the Topic of Inadvertent Disclosure
I. State Bar ethics Opinions
Links to the full text are included where available. Digests of all of these opinions are available in the ABA/BNA Lawyers' Manual on Professional Conduct. The Manual is a useful general resource for research in professional responsibility. In addition to a general treatise on professional responsibility, it also has digests of thousands of state and local bar association ethics opinions. The Manual is very widely available in law libraries and is also available on Westlaw in the database ABA-BNA. Further information about the Lawyers' Manual (which includes a 30 day free trial) is available here.
1) Alaska Opinion 97-1 (1/17/97)
2) Arizona Opinion 93-14 (9/23/93) Recorded conversations; Evidence; Divorce;
Client property.
The full text of this opinion is located here.
3) Connecticut Opinion 96-4 (3/14/96)
4) Colorado
Opinion 102 (3/21/98)
5) District
of Columbia Opinion 318 (12/02)
6) District
of Columbia Opinion 256 (5/16/95)
7) Illinois Opinion 98-4 (1/99)
8) Kentucky
Opinion E-374 Revised (11/95)
9) Maine
Opinion 172 (2000)
10) Maine
Opinion 146 (12/9/94) (withdrawn by Maine Opinion 172 (2000)
11) Maryland Opinion 00-04 (2/16/00)
12) Massachusetts
Opinion 99-4
13) Massachusetts Opinion 94-6 (3/22/94)
14) Michigan
Opinion RI-179 (11/16/93)
15) New
York State Opinion 700 (5/7/98)
16) New
York State Opinion 749 (12/14/01)
17) North Dakota Opinion 95-14 (12/4/95)
18) Ohio Supreme Court Ethics Committee Opinion 93-11 (12/3/93)
19) Oregon Opinion 2005-150 (2005)
20) Pennsylvania Opinion 99-150 (11/18/99)
21) Philadelphia
Opinion 94-3 (6/94)
22) Utah
Opinion Opinion 99-01 (1/29/99)
23) Virginia Opinion 1702
(11/24/97)
II. Law Review Articles
Perlman, Untangling Ethics Theory From Attorney Conduct Rules: The Case Of Inadvertent Disclosures 13 Geo. Mason L. Rev. 767 (2005)
Steven L. Nelson, Jane C. Schlicht , Upholding The Sanctity Of The Attorney-Client Privilege, 77-DEC Wis. Law. 8 (2004)
Walker, Ethics And Electronic Media, 716 PLI/Lit 313 (2004)
Scott, Inadvertent Disclosure of Documents: Penalties and Remedies SJ037 ALI-ABA 1061 (2003)
Steele, Shoot out at the Not-O.K. Corral or Privileged Client Communications-Lost and Found in Texas 33 St. Mary's L.J. 739 (2002)
Simko, Inadvertent Disclosure, The Attorney-Client Privilege, And Legal Ethics: An Examination And Suggestion For Alaska 19 Alaska L. Rev. 461 (2002)
Maher, Don't Fax, Don't Tell: Differing Opinions About ABA Opinions 92-368 And 94-382 12 NO. 4 Prof. Law. 2 (Summer 2001)
