(a) In representing a client, a lawyer shall not take any action if the lawyer knows or it is obvious that the action has the primary purpose to embarrass, delay or burden a third person.
(b) A lawyer who receives materials relating to the representation of the lawyer’s client and knows that the material was inadvertently sent shall promptly notify the sender and shall not examine the materials. The receiving lawyer shall abide by the sender’s instructions or seek determination by a tribunal.
Ethics Committee Comment
Paragraph (a) substantially differs from the ABA model rule by using the word “obvious” to set a higher objective standard.
Paragraph (b) differs from the ABA model rule in three respects: the broader term “materials” replaces “document;”