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Comment by piker

4 hours ago

I’m unclear why this is downvoted given the below. While it would theoretically be jurisdiction-specific, if the ABA model rules don’t provide some specific guidance, it’s clear that the lawyers would be ethically obligated to use whatever info they obtained if it helped their client and as otherwise consistent with their ethical obligations in the jurisdictions that follow those. I’m admitted in New York, and I don’t recall any kind of bar on the usage of this type of info there. Seems like in a lot of jurisdictions they’d have a duty to notify, but that may not even be the case in all.