Attorney Barry Hytec was known for owning the most technologically advanced law firm in town. In other words, when it came to technology, Mr. Hytec had it all in his office. One day, as Mr. Hytec and his legal team were going over the case strategy for one of their up coming trials, the smart speaker that was located in the conference room recorded an audio clip of the entire meeting and then sent to a person on the firm's contact list without Mr. Hytec's knowledge.
The next day, opposing counsel, Attorney Al Herd, called and told Mr. Hytec that they were withdrawing their pre-trial settlement offer of $250,000.00 based on the audio message that had been sent to them. Mr. Hytec immediately called the smart speaker company and demanded to speak to someone about this urgent matter. An initial investigation by the company quickly confirmed that their smart speaker guessed a command to send an audio without first asking for verbal confirmation. As a kind gesture, the smart speaker company offered Mr. Hytec to have the defective smart speaker replaced for free since he was such a loyal customer.
What are Mr. Hytec’s legal and ethical obligations in this matter? What are Mr. Herd’s legal and ethical obligations in this matter? How should the judge handle this before trial? Can Mr. Hytec’s client bring a legal cause of action against the speaker company?
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