Arizona State Bar Association Committee on the Rules of Professional Conduct
Topic: Confidentiality; Electronic Communications; Inadvertent Disclosure
Conclusion of the Committee:
“Lawyers who send communications or other documents electronically must be aware that such activity has inherent risks. Therefore, the lawyer must take reasonable measures to prevent the inadvertent disclosure of confidential client information. At the same time, and except in the specific circumstances set forth above, a lawyer who receives an electronic communication may not examine it for the purpose of discovering the metadata embedded in it. A recipient lawyer who discovers metadata embedded within an electronic communication and who knows or reasonably should know that the metadata reveals confidential or privileged information has a duty to comply with the procedures set forth in ER 4.4(b).”
Rules: ER 1.6; ER 1.6, cmt 20; ER 1.6, cmt 2; ER 3.3(a)(3); ER 4.4; ER 8.4
Relevant Ethics Opinions:
- ABA Opinion 2006-442
- Alabama Disciplinary Commission Opinion 2007-02
- District of Columbia Bar Opinion 341
- Florida Bar Opinion 06-2
- New York State Bar Opinion 782
- New York State Bar Opinion 749.
The full text is available at http://www.azbar.org…