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Cal. Rules of Prof. Conduct, rule 4.4 · Chapter 4. Transactions with Persons Other than Clients

Duties Concerning Inadvertently Transmitted Writings*

Verbatim from the official edition

Text — 2026 edition, as the State Bar of California publishes it (read October 22, 2026)

Where it is reasonably* apparent to a lawyer who receives a writing* relating to a lawyer’s representation of a client that the writing* was inadvertently sent or produced, and the lawyer knows* or reasonably should know* that the writing* is privileged or subject to the work product doctrine, the lawyer shall:

(a) refrain from examining the writing* any more than is necessary to determine that it is privileged or subject to the work product doctrine, and

(b) promptly notify the sender.

Notes and commentary — not rule text

Comment

[1] If a lawyer determines this rule applies to a transmitted writing,* the lawyer should return the writing* to the sender, seek to reach agreement with the sender regarding the disposition of the writing,* or seek guidance from a tribunal.* (See Rico v. Mitsubishi (2007) 42 Cal.4th 807, 817 [68 Cal.Rptr.3d 758].) In providing notice required by this rule, the lawyer shall comply with rule 4.2.

[2] This rule does not address the legal duties of a lawyer who receives a writing* that the lawyer knows* or reasonably should know* may have been inappropriately disclosed by the sending person.* (See Clark v. Superior Court (2011) 196 Cal.App.4th 37 [125 Cal.Rptr.3d 361].)

Source of truth

Edition
2026 edition, as the State Bar of California publishes it (read October 22, 2026)
Official file
https://www.calbar.ca.gov/sites/default/files/portals/0/documents/rules/Rules-of-Professional-Conduct.pdf (PDF pages 55)
Text hash
sha256 7262bc749ba3d303144908321455cd72f4fab8c7a71ad882a512c76cb64bac96
Composed by
rpc/build 2026-10-22: the State Bar's 2026 PDF (pages 12-71) read by two readers, PyMuPDF glyph positions and pdfminer with the PDF's tagged structure, agreeing on 834 of 843 paragraphs character for character, the other nine (paragraph boundaries only) resolved against the rendered page; 205,485 printed glyphs accounted for; the State Bar's chapter pages a third reading

This rule cites

Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.

Cited by 1 provision

Provisions in this library whose text cites Cal. Rules of Prof. Conduct, rule 4.4. Each shows the citation as that text prints it.

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.