METADATA

Nathan M. Crystal, Ethics Watch: Technology and Confidentiality (Part I), South Carolina Lawyer 12 (Sept. 2011)

Date 09/30/2011.

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 […]

Steven C. Bennett & Jeremy Cloud, Coping with Metadata, Ten Key Steps

Date 12/31/2010.

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 […]

North Carolina State Bar 2009 Formal Ethics Opinion 1

Date 01/15/2010.

Topic: Review and Use of Metadata Summary: “Opinion rules that a lawyer must use reasonable care to prevent the disclosure of confidential client information hidden in metadata when transmitting an electronic communication and a lawyer who receives an electronic communication from another party or another party’s lawyer must refrain from searching for and using confidential information […]

Joint E-Discovery Subcommittee of the Association of the Bar of the City of New York, Manual for State Trial Courts Regarding Electronic Discovery Cost Allocation, Spring 2009

Date 12/31/2009.

From the Preface: “This Manual is intended to assist New York State Judges and court personnel in managing issues relating to the cost of discovery of electronically stored information (“ESI”).”   The full text is available at http://www2.nycbar.org…

Elizabeth W. King, The Ethics of Mining for Metadata Outside of Formal Discovery

Date 11/21/2009.

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 […]

West Virginia Office of Disciplinary Counsel Legal Ethics Opinion 2009-01

Date 06/10/2009.

Lawyer Disciplinary Board – L.E.O. 2009-01 Approved/entered June 5 and 10, 2009 Topic: Metadada Conclusion of the Board: “The Board finds that there is a burden on an attorney to take reasonable steps to protect metadata in transmitted documents, and there is a burden on a lawyer receiving inadvertently provided metadata to consult with the […]

Maine Board of Overseers of the Bar Opinion #196

Date 10/21/2008.

Professional Ethics Commission Topic: Transmission, retrieval and use of metadata embedded in documents Conclusion of the Commission: “1.     Without authorization from a court, it is ethically impermissible for an attorney to seek to uncover metadata, embedded in an electronic document received from counsel for another party, in an effort to detect confidential information that should be […]

Colorado Formal Opinion 119

Date 05/17/2008.

Colorado Bar Association Ethics Committee Topic: Disclosure, Review, and Use of Metadata Digest of the Committee: “A Sending Lawyer who transmits electronic documents or files has a duty to use reasonable care to guard against the disclosure of metadata containing Confidential Information. What constitutes reasonable care will depend on the facts and circumstances. The duty to […]

New York County Lawyers’ Association Ethics Opinion 738

Date 03/24/2008.

Committee on Professional Ethics Topic: Searching inadvertently sent metadata in opposing counsel’s electronic documents From the digest: “A lawyer who receives from an adversary electronic documents that appear to contain inadvertently produced metadata is ethically obligated to avoid searching the metadata in those documents. (…) Using the metadata is appropriate in circumstances where the adversary […]

David C. Hricik, Mining for Embedded Data: Is it Ethical to Take Intentional Advantage of Other People’s Failures?, North Carolina Journal of Law and Technology, Vol. 8, No. 2 (Spring 2007)

Date 12/31/2007.

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 […]