Unsolicited Confidential Info – What to Do?

This article contains a hypothetical where a fired employee of a big warehouse store, sends an attachment with his correspondence with the company’s HR rep to all the attorneys he can who allow potential clients to email them directly.  If one of those attorneys represents the store, does the attorney who received the email and the file, have a duty to keep that information confidential?

The answer generally is “yes” and “no.”  Yes, if the attorney provides no disclaimer on their website warning potential clients that information sent to the attorney will not be treated as confidential.  No, if the attorney’s disclaimer is positioned where the potential client can clearly read it and that its written in plain English.  It should say “no information provide via this contact from will be treated as confidential.”  Do not say, “an attorney client relationship doesn’t apply to any correspondence sent via this contact form.”  For a layperson that doesn’t directly address the confidentiality issue.”

What if you provide a disclaimer page with lots of indecipherable legalese?  Good luck.

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