If an attorney inadvertently receives a document during litigation, what is the appropriate action to take?

When an attorney inadvertently receives a document during litigation, the appropriate action is to notify opposing counsel and stop reading. This response is grounded in the ethical obligations imposed on lawyers to respect the confidentiality and privileges surrounding legal documents.

Continuing to read the document, even for insights, could lead to a violation of the duty of confidentiality and potentially result in the misuse of information that should not have been accessed. Notifying opposing counsel demonstrates professionalism and adherence to ethical standards, allowing for an appropriate resolution to the situation. It ensures that all parties are made aware of the inadvertent disclosure, allowing for the possibility of returning the document or resolving the issue of its relevance and confidentiality.

Returning the document without reading it could be seen as a less complete approach because it doesn't address the need for a communication with the opposing counsel regarding the situation. Simply using the document for a client's advantage is clearly unethical and could result in serious disciplinary action. Therefore, the correct choice emphasizes both communication and compliance with ethical standards in legal practice.