The admissibility of inadvertently disclosed documents may hinge on the steps the firm takes before and after the disclosure.

Question

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The admissibility of inadvertently disclosed documents may depend on the actions taken by the firm before and after the disclosure. If the firm takes reasonable steps to prevent the disclosure and promptly notifies the other parties and court of the inadvertent release, the documents may be more likely to be deemed inadmissible. However, if the firm does not take sufficient precautions, such as implementing effective document review protocols, the documents may still be admissible. Ultimately, it will be up to the court to decide whether the documents should be admitted as evidence.

The Admissibility of Inadvertently Disclosed Documents May Hinge on the Steps