Under Rule 112, if you accept a brief where you possess confidential information that may be material and the information is confidential to another person, what must you do?

• A. Return the brief unless the other person consents.
• B. Return the brief regardless.
• C. Continue and inform the other person later.
• D. Seek permission from the court.

Answer: (A)

The key idea here is protecting confidential information you come across in a brief. If you accept a brief and you know it contains information that is confidential to someone else, you are not allowed to keep or use that information unless the owner has expressly given you permission to retain or use it. Because of that, the proper course is to return the brief to the person who supplied it or to determine whether the owner consents to your retention. If consent is given, you may then proceed with the matter; if not, you must return the brief.

This protects the confidences of third parties and avoids any risk of disclosure or improper use of information. Seeking courtpermission or continuing to use or disclose the material without consent would risk breaching confidentiality, and returning the brief regardless of consent would ignore the owner’s rights and the rule itself.