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Alabama Disciplinary Commission Opinion 2007-02

Date 03/14/2007.

Alabama State Bar Office of General Counsel, Disciplinary Commission

Topic: Disclosure and mining of metadata

Digest of the Commission:

“Lawyers have a duty under Rule 1.6 to use reasonable care when transmitting electronic documents to prevent the disclosure of metadata containing client confidences or secrets. Absent express authorization from a court, it is ethically impermissible for an attorney to mine metadata from an electronic document he or she inadvertently or improperly receives from another party.”

Rules: Alabama Rules of Professional Conduct 1.6 and 8.4

 

Cited Opinions:

New York State Bar Opinion 749

New York State Bar Opinion 782

 

The full text is available at http://www.alabar.org…

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