Ethics Question of the Week: Do I have to notify opposing party when I receive documents inadvertently?

Q. Do I have a duty to notify the opposing party when I receive documents that were inadvertently sent to me in discovery?

A. IRPC 4.4(b) states that a “lawyer who receives a document relating to the representation of the lawyer’s client and knows that the document was inadvertently sent shall promptly notify the sender.”  Comment [2] to that rule says any additional steps, such as returning the original document, are beyond the scope of these Rules. 

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

[Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]