re: #33 Dopamine Fish

From what I’ve been able to gather, in Texas, there is no rule against inadvertent disclosure; if you send sensitive materials to your opposing counsel, woopsy, too bad, so sad, that’s now fair game in the litigation. What’s worse is, now, the police no longer have to obtain a search warrant for the phone; if they want to charge Jones with something, and use the texts as evidence, they can subpoena the records from this attorney, and he can comply. Jones’s lawyer may have inadvertently sent his client to jail… IN A CIVIL CASE.

Opposing counsel has a duty to report the accidental disclosure of potentially privileged items to the other side.