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
391 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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Travis Keith Sturgeon
Guilty of professional misconduct
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McDonald, Geoffrey David
1. Failed to give proper consideration to the effect, or possible effect, on the recipient of an email sent to the complainant 2. Drafted and entered into an agreement to the effect that the complainant had no complaint…
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RONALD WILLIAM BOWER
Struck Off the Roll of Practitioners
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Thadsanamorthy, Viji
Professional Misconduct 1. Breach of section 137 LPUL - Certain trust money to be deposited in general trust account 2. Breach of section 146 LPUL - Intermixing money 3. Misappropriation Unsatisfactory Professional Cond…
Costs Fine Practitioner to undertake and complete further legal education Reprimand $5,000.00 Proceedings Instituted 1 PDF View decision -
Howard A. Lettman
Guilty of Professional Misconduct | Disciplinary Committee decision delivered May 25, 2019. || Suspended until Restitution Complete | Disciplinary Committee decision delivered June 22, 2019. View PDF DECISION OF THE DIS…
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Zhukovska, Myroslava
Professional Misconduct 1. Acting in a conflict of interests 2. Failure to obtain instructions before making unsecured loan from client's funds 3. Charging excessive legal costs 4. Preferring own interests to those of c…
Costs Fine Reprimand The lawyer's local practising certificate is cancelled and any new practising certificate shall not be issued before the end of 12 months from the date of these orders. $9,000.00 Proceedings Instituted 2 PDFs View decision -
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Margaret Faith Rimmer
Guilty of professional misconduct
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Winter, Ronald William
1. Pursuing recovery of Court ordered costs on behalf of a company, and representing to the self represented opponent that he was purporting to act as solicitor for the company, at a time and in circumstances where he b…
Costs Fine Practitioner to undertake and complete further legal education Reprimand $10,000.00 Proceedings Instituted 2 PDFs View decision -
Michael Usher
Breaches, Failures
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David Marriott
Criminal Convictions
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Catherine Ann Sandbach
Breaches
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Farooq Rafiq
Breaches, Criminal Convictions, Failures, Solicitors' Accounts Rules
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Keith John O'Neill
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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David Alan McHenry
Guilty of professional misconduct
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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 -
Howard A. Lettman
Struck off | Disciplinary Committee decision delivered July 28, 2018. || RESULT: Guilty of Professional Misconduct | Disciplinary Committee decision delivered March 24, 2018. View PDF DECISION OF THE DISCIPLINARY COMMIT…
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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 -
Howard A. Lettman
Guilty of Professional Misconduct | Disciplinary Committee decision delivered March 24, 2018. RESULT: Struck off | Disciplinary Committee decision delivered July 28, 2018. View PDF DECISION OF THE DISCIPLINARY COMMITTEE…
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Daniel Kar-Yan Kwong
Agreed Statement of Facts | Summary
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Gary Ackinclose
Breaches
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Ehsan Kabir & Second Respondent
Breaches
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Richard Charles Prescott
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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.