> - Associated Press + Facebook valuation estimate in court transcript (U.S., 2009) The AP reported it could read “redacted” portions of a court transcript by cut-and-paste (classic overlay-style failure). Secondary coverage notes the mechanism explicitly.
What happens in a court case when this occurs? Does the receiving party get to review and use the redacted information (assuming it’s not gagged by other means) or do they have to immediately report the error and clean room it?
Edit: after reading up on this it looks like attorneys have strict ethical standards to not use the information (for what little that may be worth), but the Associated Press was a third party who unredacted public court documents in a separate Facebook case.
> What happens in a court case when this occurs? Does the receiving party get to review and use the redacted information (assuming it’s not gagged by other means) or do they have to immediately report the error and clean room it?
Typically, two copies of a redacted document are submitted via ECF. One is an unredacted but sealed copy that is visible to the judge and all parties to the case. The other is a redacted copy that is visible to the general public.
So, to answer what I believe to be your question: the opposing party in a case would typically have an unredacted copy regardless of whether information is leaked to the general public via improper redaction, so the issue you raise is moot.
My guess would be that if the benefitting legal party didn't need to declare they also benefitted from this (because they legally can't be caught, etc.) they wouldn't.
I know and am friends with a lot of lawyers. They're pretty ruthless when it comes to this kind of thing.
Legally, I would think both parties get copies of everything. I don't know if that was the case here.
> strict ethical standards to not use the information (for what little that may be worth)
If it's worth so little to your eyes/comprehension you will have no problem citing a huge count of cases where lawyers do not respect their obligations towards the courts and their clients...
That snide remark is used to discredit a profession in passing, but the reason you won't find a lot of examples of this happening is because the trust clients have to put in lawyers and the legal system in general is what makes it work, and betraying that trust is a literal professional suicide (suspension, disbarment, reputational ruin, and often civil liability) for any lawyer... that's why "strict" doesn't mean anything "little" in this case.
I’m not a lawyer, but I did watch every episode of Better Call Saul and I’d point out that a lawyer who generates one complaint likely generates multiple complaints so that 1 complaint/10 law licenses number is misleading about the scope of the issue. Similarly, 2000 disbarments sounds high until you realize that there are roughly 1.3 million lawyers. What’s more, when I was checking to see what reasons for disbarment might be, I found an article (https://law.usnews.com/law-firms/advice/articles/what-does-i...) which cited a number much lower (less than 500) and that pointed out that reasons other than professional misconduct can lead to disbarment including DUI and domestic violence. The following gives some reasons for disbarment:
> … disbarment is the presumptive form of discipline for an attorney who steals clients’ money, Best says.
> Disbarment is more likely when the attorney committed fraud or serious dishonesty, particularly in front of a tribunal or to a client. Similarly, priority may be given to cases where an attorney is convicted of a crime of moral turpitude, Levin says.
> Priorities also change in response to society’s changing values and when there’s a belief that tightening down on types of cases will help the profession as a whole, Best says.
> For example, in Massachusetts, there has been an increased focus on violations relating to the administration of justice, such as when prosecutors engage in racist behavior.
> And while, in the past, an attorney’s drunk driving or domestic violence would probably not have led to sanctions (because they were seen as unrelated to the attorney’s legal work), they now might result in discipline, Best says.
> Edit: after reading up on this it looks like attorneys have strict ethical standards to not use the information (for what little that may be worth), but the Associated Press was a third party who unredacted public court documents in a separate Facebook case.
Curious. I am not a litigator but this is surprising if you found support for it. My gut was that the general obligation to be a zealous advocate for your client would require a litigant to use inadvertently disclosed information unless it was somehow barred by the court. Confidentiality obligations would remain owed to the client, and there might be some tension there but it would be resolvable.
My recollection is that it varies quite a bit between jurisdictions. The ABA's model rules require you to notify the other party when they accidentally send you something but leave unspecified what else, if anything, you might have to do.
A famous case where this came into play was one of the Infowars defamation suits. Alex Jones’s lawyer accidentally sent the families’ lawyer the full contents of a phone backup. They notified Jones’s lawyer, and gave him some time to reply. After that time elapsed, the whole dump was considered fair game.
I’m unclear why this is downvoted given the below. While it would theoretically be jurisdiction-specific, if the ABA model rules don’t provide some specific guidance, it’s clear that the lawyers would be ethically obligated to use whatever info they obtained if it helped their client and as otherwise consistent with their ethical obligations in the jurisdictions that follow those. I’m admitted in New York, and I don’t recall any kind of bar on the usage of this type of info there. Seems like in a lot of jurisdictions they’d have a duty to notify, but that may not even be the case in all.
Here in NL if confidential information about offenders leaks from court documents, it usually leads to a reduction in sentencing because the leak of classified information is weighed as part of the punishment. If the leak was proven to be intentional, it might lead to a mistrial or even acquittal. Leaking of victims' information usually only results in a groveling public apology from the Minister/Secretary of Justice du jour.
What happens in a court case when this occurs? Does the receiving party get to review and use the redacted information (assuming it’s not gagged by other means) or do they have to immediately report the error and clean room it?
Edit: after reading up on this it looks like attorneys have strict ethical standards to not use the information (for what little that may be worth), but the Associated Press was a third party who unredacted public court documents in a separate Facebook case.