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Can Replying All in an Email Be an Ethics Violation?

Can Replying All in an Email Be an Ethics Violation?

Author: Robert E. LevyDate: April 23, 2021

Email is a convenient way for attorneys to keep their clients up-to-date about the status of their cases. However, the ease of clicking “reply all” can lead to legal headaches for everyone involved.

The New Jersey Supreme Court's Advisory Committee on Professional Ethics recently provided clarity on one potential issue. It concluded that when New Jersey attorneys include their client on emails to opposing counsel, they are giving implied consent for the opposing counsel to "reply all" and include the client when responding to emails. The decision sets New Jersey apart, with several other states finding that a lawyer who "CC's" a client does not impliedly consent to his/her client directly receiving a reply.

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