An attorney who’s offered discovery evidence by a former employee of an opposing party that was purposely concealed can’t simply thank the former employee and take it, the L.A. County Bar Association’s ethics committee has advised.
There are competing “difficult” legal, ethical, and policy considerations that the attorney has to wrestle with before taking any action, the committee said in a recent opinion.
An initial concern for the attorney should be whether the former employee legally obtained the data, it said, as the attorney may have an ethical obligation to turn stolen information over to law enforcement.
If the attorney ...
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