District of Columbia Bar’s Legal Ethics Committee
Topic: Review and Use of Metadata in Electronic Documents
Digest of the Committee:
“A receiving lawyer is prohibited from reviewing metadata sent by an adversary only where he has actual knowledge that the metadata was inadvertently sent. In such instances, the receiving lawyer should not review the metadata before consulting with the sending lawyer to determine whether the metadata includes work product of the sending lawyer or confidences or secrets of the sending lawyer’s client.”
Rules: DC Rules of Professional Conduct 1.6; 3.4; 4.4; 8.4
Relevant Opinion: ABA Opinion 2006-442
The full text is available at http://www.dcbar.org…