Mistakes happen—even in law firms. Whether it was a paralegal in a rush or an attorney juggling multiple cases, sending a confidential document to the wrong email address can feel like a worst-case scenario. But it doesn’t have to become a data breach if you act fast.
Here’s a step-by-step guide to handling this situation the right way.
Step 1: Don’t Panic—But Act Quickly
Time is critical. The longer the document sits in the wrong inbox, the more likely it is to be opened, shared, or saved.
Start by answering these questions:
Was the email encrypted?
Did it contain privileged or personally identifiable information (PII)?
Do you know who received it?
The answers will guide your next move.
Step 2: Attempt to Recall the Email (If Using Outlook)
If you’re using Microsoft Outlook and both you and the recipient use Microsoft Exchange or Outlook 365, you may be able to recall the email.
How to Recall:
Go to your Sent Items
Open the email
Click File > Info > Message Resend and Recall
Select Recall This Message
Choose to delete unread copies and send a replacement if needed
This only works under very specific conditions (same server, unread email). If it was sent externally or opened already, this won’t help.
Step 3: Send a Follow-Up Email Immediately
Even if you don’t know the recipient, send a polite but urgent message requesting that the email be deleted and not forwarded or downloaded.
Sample Message:
“I’m reaching out to request that you please delete the email you just received in error. It was intended for a different recipient and may contain confidential legal information. We appreciate your cooperation and understanding.”
Avoid admitting fault or disclosing specific case details.
Step 4: Notify Your Supervisor or Managing Partner
Document the incident internally and notify someone with authority. Transparency is key, especially if:
The document contains PII, PHI, or client-sensitive material
You’re unsure whether the recipient is trustworthy
You may need to notify the client
If your firm has a compliance officer or IT manager, loop them in immediately.
Step 5: Check State Bar Guidelines and Privacy Laws
Depending on the jurisdiction and the type of data exposed, you may be legally required to notify the affected party (your client) and possibly even report the breach to authorities.
Refer to:
ABA Rule 1.6(c) on confidentiality
Your state bar’s data breach protocols
Applicable data privacy laws (e.g., HIPAA, NY SHIELD Act, GDPR)
Step 6: Strengthen Your Email Security Moving Forward
To prevent future incidents, consider implementing the following at your law firm:
Email encryption by default for attachments and sensitive messages
Data Loss Prevention (DLP) tools that warn or block certain email actions
Role-based access so only specific staff can email clients directly
Email delay rules (e.g., 30-second send delays to catch mistakes)
Regular staff training on cybersecurity and communication tools
Sent a confidential legal document to the wrong email? This step-by-step guide for law firms shows how to respond quickly, minimize risk, and prevent future mishaps.
