What must a Missouri lawyer do when an assistant sends a client email to the wrong address at the lawyer's direction?

Plain-English summary

An administrative assistant, acting at the lawyer's direction, emailed a client letter to the wrong address. The recipient notified the lawyer.

The opinion first requires assessment of the letter's contents beyond the client's identity and meeting information. Rule 4-5.3(c)(2) makes the lawyer responsible for the assistant's directed conduct and requires reasonable remedial action to mitigate the consequences.

Rule 4-1.4 requires disclosure of the breach to the extent reasonably necessary for the client to make informed decisions. Depending on the information exposed, Rule 4-1.6(c) and Comments [15] and [16] also require consideration of duties imposed by state or federal law.

In practice

Under this opinion, the response proceeds from content assessment to remediation and client notice. The assistant's involvement does not shift responsibility away from the directing lawyer.

Common questions

Q: Who is responsible for the assistant's misdirected email?

A: The lawyer, because the email was sent at the lawyer's direction.

Q: What must the lawyer assess first?

A: The confidential content disclosed beyond the client's name and upcoming meeting.

Q: Must the client be told?

A: Yes, to the extent reasonably necessary for informed decisions about the representation.

Q: Can other law create additional duties?

A: Yes. The opinion directs attention to applicable state or federal law based on the letter's contents.

Background and rules framework

Rule 4-5.3(c)(2) governs supervised nonlawyer conduct and remediation. Rule 4-1.4 governs client notice, and Rule 4-1.6(c), Comments [15] and [16], governs confidentiality safeguards and related legal duties.

Citations and references

Rules of Professional Conduct:

• Missouri Rules 4-5.3(c)(2), 4-1.4, and 4-1.6(c)

Other opinions cited:

• Missouri Informal Opinions 2015-09, 2015-02, 2020-26, 2019-06, and 2017-02

See also

• Missouri Informal Op. 2024-09: PDF Redaction and Staff Supervision
• Wisconsin Ethics Op. EF-23-01: Responding to Online Criticism

Source

• Landing page: Missouri Informal Opinion 2022-07

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Question: Attorney’s Administrative Assistant sent an email to Client at the direction of the Attorney that contained a letter regarding an upcoming meeting with Client. Administrative Assistant accidentally sent the email to the incorrect email address. Recipient contacted Attorney regarding receipt of the information. Upon learning of this error, what responsibilities does Attorney have under the Rules of Professional Conduct?

Answer: Attorney should first assess the nature of the letter as to what confidential information it contained other than the name of the client and the upcoming meeting. See Informal Opinions 2015–09 and 2015–02. Attorney is responsible for the conduct of Administrative Assistant since the email was sent at the direction of Attorney, so Attorney must take reasonable remedial action to mitigate the consequences to Client pursuant to Rule 4–5.3(c)(2). Attorney should disclose to Client the breach of confidential information to the extent reasonably necessary such that Client may make informed decisions regarding the representation. See Rule 4–1.4; Informal Opinions 2020–26, 2019–06, and 2017–02. Depending on the contents of the letter, Attorney must consider if there are other obligations under applicable state or federal law pursuant to Rule 4–1.6(c), Comments [15] and [16].