The duty in context
Handle inadvertently received material client
On receiving confidential or privileged material disclosed by mistake, the lawyer must not use it and must return, destroy or delete it and notify the other party.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCS 6.4(d) partial 227 cases
6.4 ... except when: ... (d) the information is contained in a privileged document that you have knowledge of only because it has been mistakenly disclosed.
SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook rC26.6; gC86 partial 7 cases
rC26 You may cease to act on a matter on which you are instructed and return your instructions if: ... .6 you become aware of confidential or privileged information or documents of another person which relate to the matter on which you are instructed;
BSB Handbook · current · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.5.2.2(b) partial
where the information in question is received under a duty of confidence, including mistaken disclosure, or receipt where it is agreed with the client that no duty to disclose arises or a different standard of disclosure applies
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules Rules 31.1; 31.3 strong 61 cases
31.1 ...a solicitor to whom material known or reasonably suspected to be confidential is disclosed... and who is aware that the disclosure was inadvertent must not use the material and must: 31.1.1 return, destroy or delete the material (as appropriate) immediately upon becoming aware that disclosure was inadvertent; and 31.1.2 notify the other solicitor or the other person of the disclosure... 31.3 If a solicitor is instructed by a client to read confidential material received in error, the solicitor must refuse to do so.
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules no clear equivalent
IE Solicitors Law Society Guide Ch4 — Material disclosed by mistake; Receipt of information intended for the other party strong 34 cases
If a privileged communication is inadvertently disclosed to another party, the solicitor can still assert privilege on behalf of the client. Solicitors should not knowingly open privileged communications not addressed to the solicitor or the solicitor's firm. If a solicitor mistakenly acquires such communications, then privilege is retained by the sender.
Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗
IE Barristers Bar Code of Conduct Rule 7.6 partial 34 cases
No Barrister shall use for any professional or private purpose or otherwise disclose any information on professional matters obtained accidentally or otherwise from observation of documents or from conversation with or between colleagues in or outside of the Law Library.
Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗
JM Attorneys Canons of Professional Ethics no clear equivalent
JE Lawyers Law Society of Jersey Code G.2.20-G.2.21 strong
If, during the course of a matter, a member receives information or documents from either a client or a third party, which clearly appear to have been (a) disclosed inadvertently or (b) obtained improperly, the member must return such information or documents to the rightful owner without use being made of the information or documents.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 7.2-10 partial
A lawyer who receives a document relating to the representation of the lawyer's client and knows or reasonably ought to know that the document was inadvertently sent shall promptly notify the sender.
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 7.2-10 strong 21 cases
A lawyer who has access to or comes into possession of a document that the lawyer has reasonable grounds to believe belongs to or is intended for an opposing party and was not intended for the lawyer to see, must: (a) in the case of a paper document, return it unread and uncopied to the party to whom it belongs, (b) in the case of an electronic document, delete it unread and uncopied and advise the party to whom it belongs that that was done,
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 13.9.4 strong
If a lawyer becomes aware that privileged information or documents have been inadvertently released in circumstances where privilege has not been waived, the lawyer must not disclose the contents of the material to a client, must inform the other lawyer (or litigant if unrepresented) of the release, and must return any documents forthwith.
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 no clear equivalent
HK Solicitors Solicitors' Guide Principle 8.03 Commentary 6 strong
Where it is obvious to a solicitor that documents have been mistakenly disclosed to him on discovery or otherwise he must immediately cease to read the documents, inform the other side and return the documents without making copies. The solicitor should inform his client.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 10.45 partial
If before or during a case, a document belonging to the other side should come into the possession of Counsel, he should if he intends to make any use of it inform his opponent that it has come into his possession. This information should be communicated in sufficient time for the opponent to raise an objection to the use of the document.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
34 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern
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Gail Enright
In the matter of Gail Enright, a solicitor formerly practising in Michael Enright & Co, Solicitors, 28 South Mall, Cork, and in the matter of the Solicitors Acts 1954-2015 [2018/DT85 and High Court record 2022/198SA] La…
other View decision -
Raphael M Gilmore
In the matter of Raphael M Gilmore, a solicitor previously practising as Gilmore Solicitors, 22 Bridge Street, Ringsend, Dublin 4, and in the matter of the Solicitors Acts 1954-2015 [2019/DT29 and High Court record 2020…
strike_off View decision -
David Doyle
In the matter of David Doyle, a solicitor previously practising as a partner in Doyle Associates, 56 Main Street, Rathfarnham, Dublin 14, and in the matter of the Solicitors Acts 1954-2015 [2019/DT09 and High Court refe…
strike_off View decision -
Maurice B O’Sullivan
In the matter of Maurice B O’Sullivan, a solicitor practising as Maurice O’Sullivan & Company Solicitors, at 9 Colbert Street, Listowel, Co Kerry, and in the matter of the Solicitors Acts 1954-2015 [2017/DT24, 2017/DT38…
strike_off View decision -
Keith Flynn
In the matter of Keith Flynn, practising as Keith Flynn & Company, 414 The Capel Building, Mary’s Street, Dublin 7, and in the matter of the Solicitors Acts 1954-2015 [2017/DT46 and High Court record 2018 no 99 SA] Law …
strike_off View decision -
Helen Lucey
In the matter of Helen Lucey, a solicitor practising as principal of Marshall & MacAulay Solicitors, The Square, Listowel, Co Kerry, and in the matter of the Solicitors Acts 1954-2015 [3012/DT106/12; 3012/DT20/14; High …
conditions View decision -
Patrick Callanan
In the matter of Patrick Callanan, and in the matter of an application by the Law Society of Ireland to the Solicitors Disciplinary Tribunal, and in the matter of the Solicitors Acts 1954-2015 [7251/DT88/10]; High Court…
strike_off View decision -
Daniel (Donal) Downes
In the matter of Daniel (Donal) Downes, a solicitor formerly practising as O’Dea & Company, Solicitors, 1st floor, Hardiman House, Eyre Square, Galway, and in the matter of the Solicitors Acts 1954-2011 [4298/DT46/14; 4…
strike_off View decision -
David Herlihy
In the matter of David Herlihy, solicitor, formerly practising as principal of David Herlihy, Solicitors, Lord Edward Street, Kilmallock, Co Limerick, and in the matter of the Solicitors Acts 1954-2011 [9286/DT90/15 and…
strike_off View decision -
Michael Hanrahan
In the matter of Michael Hanrahan, solicitor, formerly practising as Michael Hanrahan at 43 Lower Main Street, Dungarvan, Co Waterford, and in the matter of the Solicitors Acts 1954-2011 [2930/DT153/13 and High Court re…
strike_off View decision -
Deirdre Fahy
In the matter of Deirdre Fahy, a solicitor previously practising as D Fahy & Associates, Solicitors, at 69 Main Street, Blackrock, Co Dublin, and in the matter of the Solicitors Acts 1954-2011 [5471/DT163/15; DT164/15; …
strike_off View decision -
Ciaran Quinn
In the matter of Ciaran Quinn, a solicitor previously practising as Quinn Solicitors at Unit 118, First Floor, Baldoyle Industrial Estate, Baldoyle, Dublin 13, and in the matter of the Solicitors Acts 1954-2011 [7620/DT…
conditions View decision -
Alexander Gibbons
In the matter of Alexander Gibbons, a solicitor formerly practising as Gibbons & Co, 2 Riverside, Kent Street, Clonakilty, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [5839/DT119/12; 5839/DT147/12; 5839/…
strike_off View decision -
James J Maher
In the matter of James J Maher, solicitor, practising as James Maher & Co, Solicitors, 1 The Bookend, Essex Quay, Dublin 8, and in the matter of the Solicitors Acts 1954-2008 [6676/DT82/12 and High Court record 2015/4SA…
suspension View decision -
Kevin O'Keeffe
In the matter of Kevin O’Keeffe, solicitor, formerly practising in Coakley Moloney Solicitors, 49 South Mall, Cork, and in the matter of the Solicitors Acts 1954-2011 [4536/DT16/13 and High Court record 2014 no 100 SA] …
conditions View decision -
Greg (otherwise John G) Casey
In the matter of Greg (otherwise John G) Casey, formerly practising in the solicitors’ firm of Casey & Co, North Main Street, Bandon, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [5355/DT06/09 and 2014 no…
strike_off View decision -
Fergus Appelbe
In the matter of Fergus Appelbe, solicitor, formerly practising in the firm of PJ O’Driscoll, 41 South Main Street, Bandon, Co Cork, and now practising as Appelbe & Co, Solicitors, 34 South Main Street, Bandon, Co Cork,…
conditions View decision -
John JA Rynne
In the matter of John JA Rynne, solicitor, formerly practising as Rynne Hanrahan & Associates, Abbington House, 4 Limerick Road, Ennis, Co Clare, and in the firm of Hanrahan Rynne Solicitors, 3B Riverside Business Park,…
strike_off View decision -
Aiden Barry
I n the matter of Aiden Barry, solicitor, formerly practising as Aiden Barry Solicitor, Roche House, 8 Bank Place, Limerick, Co Limerick, and in the matter of the Solicitors Acts 1954-2011 [7243/DT58/13 and High Court r…
strike_off View decision -
Patrick McCarthy
In the matter of Patrick McCarthy, solicitor, formerly practising as McCarthy & Co, Second Floor, Building 1000, City Gate, Mahon, Cork, and in the matter of the Solicitors Acts 1954-2011 [7748/DT131/10 and High Court r…
strike_off View decision -
Brian Johnston
In the matter of Brian Johnston, a solicitor formerly practising as Brian Johnston & Co, Solicitors, 79 Park Street, Dundalk, Co Louth and in the matter of the Solicitors Acts 1954-2008 [6927/DT78/09 and High Court reco…
strike_off View decision -
Pamela Wall
In the matter of Pamela Wall, solicitor, formerly of 8 Carmody Street, Ennis, Co Clare, and in the matter of the Solicitors Acts 1954-2008 [6728/DT88/11 and 2012 no 75 SA] Law Society of Ireland (applicant) Pamela Wall …
suspension View decision -
Charles O'Neill
In the matter of Charles O’Neill, a solicitor formerly practising as Cathal O’Neill & Company, Solicitors, 10 Church Avenue, Rathmines, Dublin 6, and in the matter of the Solicitors Acts 1954-2008 [2707/DT81/09 and High…
strike_off View decision -
Joseph Traynor
In the matter of Joseph Traynor, solicitor, formerly practising as Traynor & Company, Solicitors, 86 Clanbrassil Street, Dundalk, Co Louth, and in the matter of the Solicitors Acts 1954-2008 [5554/DT01/10 and High Court…
strike_off View decision -
Michael J Murphy
In the matter of Michael J Murphy, a solicitor formerly practising as MJ Murphy & Co, Solicitors, 25 Lower Salthill, Galway, Co Galway, and in the matter of the Solicitors Acts 1954-2008 [4803/DT119/08 and High Court re…
strike_off View decision
Duty classification does not yet cover every jurisdiction (Ontario, New Zealand and Singapore decisions are indexed but not yet duty-classified), so counts here understate those corpora.