Author Question: Your supervising attorney has received a brief from opposing counsel and asks you to cite-check each ... (Read 41 times)

littleanan · **on:** Aug 3, 2018

Your supervising attorney has received a brief from opposing counsel and asks you to cite-check each source to validate that each source is good law. Which part of the brief would you go to first?

A) question presented
B) conclusion
C) discussion/analysis
D) table of authorities

Question 2

Explain the potential consequences of an inadvertent disclosure of confidential information.

What will be an ideal response?

rnehls · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

D

Answer to Question 2

The treatment of inadvertently disclosed documents will depend on the individual jurisdiction. There are three judicial views on handling the inadvertent disclosure of confidential and privileged information: (1) automatic waiver; (2) no waiver; and (3) balancing test. Automatic waiver holds that once the confidentiality is breached, the privilege is automatically waived. No waiver holds that the privileged is destroyed only when a client makes a knowing and voluntary waiver of the privilege. Balancing test looks at several factors, including: (1) the nature of the methods taken to protect the information; (2) the efforts made to correct the error; (3) the extent of the disclosure; and (4) fairness.