PBCBA BAR BULLETINS pbcba_bulletin_january 2019 | Page 19

Past Presidents’ Cocktail Reception
F RIDAY , M ARCH 8
5:30 p.m. to 7:00 p.m.
L AKE P AVILION - 101 S OUTH F LAGLER D RIVE - W EST P ALM B EACH
PBCBA Members $35.00
Spouses $50.00 - Judiciary
Complimentary
Cocktails and heavy
hors d’oeurves will be served
RSVP O NLINE @ P ALM B EACH B AR .O RG
SAVE THE DATE!
Inadvertent Disclosures: The Professional and Ethical Way to Handle Them
(Con’t from pg 15)
698 So. 2d at 279, quoting The Florida Bar
Comm. On Professional Ethics, Op. 93-3
(Feb. 1, 1994)). Summarily, these matters
should rarely if ever be litigated.
The receiving party’s refusal to rectify the
disclosure in conjunction with the gain of
an unfair tactical advantage is enough to
disqualify. Id.
Failure to Comply with Rules Could Be Conclusion
Cause for Disqualification
Approaching inadvertent disclosures with
Finally, courts have entered orders disquali- professionalism and knowledge of the eth-
fying receiving counsel who have thorough- ical obligations bestowed upon attorneys,
ly reviewed documents and information should avoid the need for court intervention
that have been inadvertently disclosed. See to resolve these issues.
Abamar Hous. & Dev., Inc. v. Lisa Daly Lady
Décor, Inc., 724 So. 2d 572, 573 (Fla. 3d DCA
1998). The underlying rationale behind dis-
qualification is that the receiving party has
obtained an unfair tactical advantage due
to knowledge of the privileged information,
and therefore, the disclosing party is prej-
udiced. Id. (citing General Accident Ins.
Co. v. Borg-Warner Acceptance Corp., 483
So. 2d 505 (Fla. 4th DCA 1986)). However,
the moving party does not need to demon-
strate prejudice to justify the order. Id. (cit-
ing Junger Util. &Paving Co., Inc. v. Myers,
578 So. 2d 1117, 1119 (Fla. 1st DCA 1989); Zarco
Supply Co. v. Bonnell, 658 So. 2d 151, 154 (Fla.
1st DCA 1995)).
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