Also known as: senders
Written by attorneys · grounded in primary & secondary sources — see below
The party whose inadvertent transmission of a document or electronically stored information triggers a duty of prompt notification by the receiving lawyer.
Select any source to read its text and confirm it supports the definition.
Attorney Dana at Sterling Dynamics receives an email from opposing counsel that contains confidential settlement figures clearly intended for the sender's own client. Dana recognizes the error immediately and must notify the sender without reviewing the substance further or using the information against the sender.
After an oral deal for custom parts, Synergy Systems emails a detailed confirmation to buyer Simon Stern. Simon reads the message but sends no objection within ten days. The confirmation binds Simon because it was sufficient against Synergy Systems as sender and Simon had reason to know its contents.
The lawyer must promptly notify the sender. Notification allows the sender to take protective measures such as asserting privilege or seeking return of the document.
Supporting sources
No. The rule requires only prompt notification. Return or destruction is governed by other law or agreement between the parties.
Supporting sources
A writing sufficient against the sender that is received by the other merchant satisfies the statute of frauds against the recipient unless the recipient objects in writing within ten days.
Supporting sources
…occurred, Oloffson failed to act in good faith. According to Oloffson, he didn't ask for this information: "I'm no information sender. If he had asked I would have told him exactly what to do. I didn't feel my responsibility. I thought it his to ask, in which case I would tell him exactly what to do." We feel that…