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July 19, 2006


Carlos Leyva

The ABA Model Rules may need to be modified (or at least the comments) after this holding. If I remember correctly, I believe that an inadvertent document/fax etc. is required to be returned, but that the rules are silent on whether or not you can read the thing. Here the Court appears to be applying a "reckless disregard" standard (with the 5 factor test) & I could see this kind of thing happening quite often in large e-discovery projects.

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Lawyer,Poet, author, educator. Practices real property, corporation, wills, trusts and estates law in Pinellas County, Florida. Writes the FutureLawyer column. Gives seminars on technology and the law. Author of "Life is Simple, Really", Poems about Life, Loving, Family and Fun.

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