What should a lawyer do upon receiving an inadvertently sent document related to representation?

When a lawyer receives an inadvertently sent document related to representation, the appropriate action is to notify the sender promptly. This course of action is grounded in the principles of professional responsibility and ethics, specifically considering the confidentiality and the attorney-client privilege involved in legal communications.

By notifying the sender, the lawyer allows the sender to take necessary steps, which may include retrieving the document or clarifying the situation regarding its release. This action demonstrates respect for the sender’s confidentiality and maintains the integrity of the legal process.

Inadvertently received documents can contain sensitive information, and lawyers have a duty not just to protect client confidences but to ensure that any breach caused by the inadvertent transmission is addressed appropriately. Prompt notification aligns with many legal ethics guidelines and helps avoid potential conflicts or misunderstandings regarding the information's use.

On the other hand, returning the document immediately, while a potential action, does not inherently address the ethical implications surrounding the inadvertent transmission. Ignoring the document, especially if it contains confidential information, could lead to serious ethical violations, as the lawyer would be knowingly retaining information that should not have been shared. Keeping the document for personal reference is clearly inappropriate, as it would violate the duty to protect client confidentiality and could lead to misuse of privileged information