How should a lawyer respond upon receiving inadvertent materials?

Upon receiving inadvertent materials, the appropriate response for a lawyer is to notify the sender promptly. This action is crucial for several reasons. First, the ethical rules governing attorneys require them to respect the attorney-client privilege and confidentiality of communications. When a lawyer becomes aware that they have received materials that may have been sent in error and are potentially privileged, it is their duty to inform the sender so that the sender can take steps to protect their confidentiality and assert any applicable privileges.

By notifying the sender, the lawyer is not only acting in accordance with professional responsibility rules but also preventing any wrongful exploitation of confidential information that does not belong to them. This practice helps maintain the integrity of the legal profession and supports the expectation that lawyers will uphold ethical standards in handling sensitive information.

While keeping the materials confidential and disregarding them may seem like responsible actions, they do not address the requirement to notify the sender, which is a key component of ethical conduct in this scenario. Examining the contents thoroughly could lead to further problems, such as inadvertently using or disclosing information that is not meant to be known, which could result in a breach of ethical rules.