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How are the financial documents being traded between the two attorneys? In other words, who is sending what to who? How is the ex-employee's attorney getting the e-mails and sensitive attachments?
I assume the ex-employee's attorney is not the one sending the e-mails and attachments to the employee's attorney. That would raise the question of "How did the ex-employee's attorney get those e-mails and attachments??" If he is getting them from his client, then his client stole them from his ex-employer.
If the ex-employer's lawyer is sending those e-mails, including the attachments, to the ex-employee's lawyer, and the ex-employee's lawyer is sending them to his client, then I don't think it matters where the client is. By sending those things out to opposing counsel, the employer's lawyer is waiving any privilege or confidentiality.
UNLESS there is a protective order or confidentiality agreement in place between the lawyers in the matter (which would say something like the docs can't be shown to any third parties, outside of the parties in the case and their lawyers). If that is the case, and the ex-employee's lawyer is getting the e-mails and attachments from the other side, the lawyer would be very foolish to send those documents to his client at a competitor's server.
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