Should I read a sensitive email sent to me by mistake?

[Deleted member 19327]

I have always encountered this question in SJTs a lot and always struggled. I guess a more general question is that should we always go for the most obvious "righteous" action or something that's more flexible and for the best interests of our client. I'd appreciate any help!

 

[IRO]

You NEVER read anything confidential that has been inadvertently disclosed to you, and you must stop reading as soon as you realise this is inadvertent disclosure. There are liabilities for everyone involved if you read it, meaning you reading it is worse for your client.
Here’s an article about it: https://www.lexisnexis.co.uk/legal/...ich-appears-to-be-privileged-what-should-i-do

 

[Deleted member 19327]

You NEVER read anything confidential that has been inadvertently disclosed to you, and you must stop reading as soon as you realise this is inadvertent disclosure. There are liabilities for everyone involved if you read it, meaning you reading it is worse for your client.
Here’s an article about it: https://www.lexisnexis.co.uk/legal/...ich-appears-to-be-privileged-what-should-i-do

Omg thank you so much! I was not aware of this

 

[TCLA Community Assistant]

I have always encountered this question in SJTs a lot and always struggled. I guess a more general question is that should we always go for the most obvious "righteous" action or something that's more flexible and for the best interests of our client. I'd appreciate any help!

Typically the answer is “don’t read it and let the person know who sent it ASAP that you got it, and inform your supervisor that it was still sent even if it wasn’t read”.

 

[IRO]

Omg thank you so much! I was not aware of this

You’re welcome! This is one of those SJT questions where there’s a definite right answer (unlike tests where there are multiple good options). In general, I’d say take the option that’s going to keep you in good standing with the SRA, you never want to risk your career for a single deal.