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)). PALMBEACHBAR.ORG 19 YLS 5K Coming Soon