I. Introduction and Overview

• Library: Professional Responsibility in Litigation (ABA) (2016 Ed.)

I. Introduction and Overview

Lawyers, like everyone else, have nightmares. A recurring bad dream for many lawyers finds them as hapless law students on their way to a final examination for which they realize that not only have they not studied, but they cannot recall ever having attended the class. Sometimes in the dream, the poor lawyer is in some state of undress. Another nightmare that haunts the sleep of practicing lawyers involves inadvertently sending important, confidential information to the wrong person. In the not-too-distant past, this risk still existed—a letter intended for the client detailing litigation strategy was inadvertently delivered or faxed to an adversary instead, or internal correspondence was accidentally included...