Posted March 25, 2021
Today’s Issue by David Solomon:
Whether “replying all” to opposing counsel’s e-mail (when opposing counsel included their client on the e-mail) constitutes a violation of Rule of Professional Conduct 4.2.
No. The New Jersey Advisory Committee on Professional Ethics recently concluded that a group e-mail chain is an informal mode of communication, similar to a conference call. A “reply all” response by one attorney is directed at opposing counsel, not a client who happens to be included. Ultimately, if an attorney does not want a client to receive a “reply all” message from opposing counsel, the burden is on the attorney to exclude the client from the original e-mail.
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