P2019-ND-075

On September 27, 2018, a legal assistant with the Organization emailed documentation to the opposing party in a legal proceeding. Inadvertently, the email was also sent to another client who was not a party to the legal proceeding. Subsequent emails were sent using ?reply all?, such that the unauthorized recipient continued to be copied on correspondence. On October 27, 2018, the unintended recipient contacted the lawyer on the file to ask that he not be included on these emails. The lawyer believed that the unintended recipient must be mistaken as she had not directly contacted him nor was he a party to any matter that she was working on. On January 11, 2019 the lawyer was reviewing her file and noticed the emails sent by her assistant. Recalling the email she had received in October 2018 from the unintended recipient she realized that her assistant had inadvertently copied the unintended recipient on the noted emails.