Wednesday, June 11, 2014, 10:39 AM
Posted by Administrator
A couple of days ago, I opened an email that I thought was from a client. As I began to read it, I realized it was from "a client"....just not my client...it was from the other side. I looked at the addressees and saw his lawyer's email next to mine. Whether the client intended that I get a copy or whether it was inadvertent, I don't know. As soon as I saw who it was from, I stopped reading and I emailed the sender's lawyer saying, more or less: "When I saw this email was from your client, I stopped reading it. I would be happy to receive emails from him but only with your knowledge and consent."

I never received a response from the lawyer (e.g."Thanks for letting me know, Steve."????? -nope).

All of this made me think of a letter that I FAXed years ago...before email was invented or, at least, before it was popular. I meant to FAX the letter to my client but someone (me or an employee) Faxed it instead to the other lawyer. The letter talked about what we were going to do in the case and said, in part (and, I'm changing the name): "Let's not jerk Ray Glickell around."

The other lawyer "Glickell" received the FAX, read the letter and responded with, more or less this: "Don't be calling me a jerk." He was not happy.

I responded, more or less, as follows:
-"Once you saw that the letter was addressed to my client, you should have respected the attorney-client privilege and NOT READ IT."
-"The letter said that we shouldn't jerk you around...it didn't say that you were a "jerk"*.

*(We didn't find that out until after we Faxed the letter.)

Note: Years have gone by and I am confident that Glickell was only a jerk for those few brief moments.

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