Scholarly Articles & Institutional Publications

From the article: The basic obligation of lawyers with regard to confidential client information is clear: lawyers must take reasonable steps to protect the confidentiality of such information. South Carolina Rule of Professional Conduct (SCRPC) 1.6, comment 18 states: “When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions […]

61 Mercer L. Rev. 471 (2009-2010)    From the introduction: “Nearly every electronic document contains ‘metadata’, information that typically does not appear in the paper form of the document but can be retrieved from electronic files…This Article outlines some of the most important practical steps lawyers can take to familiarize themselves with metadata, to recognize […]

From the Introduction: “This paper explores the particular ethical dilemma that is created when, outside of formal discovery, an attorney inadvertently, unknowingly, or unintentionally sends metadata hidden behind an electronic document to another attorney. This paper attempts to answer the question of whether the attorney who receives the electronic document, outside of formal discovery, should […]

Abstract of the Article: “This article analyzes embedded data that accompanies many documents and the legal ethical issues that accompany inadvertent receipt of documents containing metadata. It addresses ABA Model Rule 4.4(b), ABA Formal Ethics Opinion 92-368 and 06-442, and New York opinion 2003-04, Florida Bar Opinion 06-2, and others.”   The full text is available […]

Los Angeles County Bar Association   From the Article “The California Constitution declares that we all have a right to privacy. Even with this constitutional protection, privacy as a practical matter is getting harder to maintain in the modern world. Every time you use a credit/debit card, drive your OnStar-equipped car, use a cell phone, […]

From the Author’s Conclusion: “Until the State Bar of Georgia, Georgia appellate courts, or its Georgia federal district courts specifically address the issue of inadvertently disclosed e-mail, counsel receiving [inadvertently sent] e-mail must proceed thoughtfully and with caution. At a minimum, the receiving attorney should promptly notify opposing counsel that he has received the materials. Such notification […]

The Conclusion of the Article: “The information superhighway may be fraught with dangers for attorneys, particularly those who are apt to skirt the rules. Unwary lawyers may risk losing their license for inadvertently betraying client confidences, by soliciting clients on list serves and in chat rooms, or by passing over unclear ethical lines with a […]

Summary of the Article: “…On-Line Service Providers (OSP) provide Internet access while also allowing access to their own private content that is not available on the Internet to the public…The Federal Wiretap Act expressly provides that interception of a phone call — whether it is being transmitted over a land-based phone line, a cordless phone […]

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