• Home
  • About
  • People
  • Services
  • Contact
  • Links
  • Log In
Technethics®
advanced search

Content

  • General
  • Transmission of Information
  • Cloud Computing & Outsourcing
  • E-Discovery & Other Issues in Litigation
  • Advertising & Marketing
  • Social Networks
  • Privacy
  • International
  • GDPR

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 has intentionally sent it, such as where the lawyers are using tracked changes to show one another their changes to a document. Without such a prior course of conduct to the contrary, however, there is a presumption that disclosure of metadata is inadvertent and would be unethical to view.”

ABA Model Rules: DR 1-102(A)(4), DR 1-102(A)(5), DR 4-101; EC 4-1; EC 7-1, DR 7-101, DR 7-102(A)(8)

The full text of the opinion is available at https://www.nycla.org…

 

Training

  • Videos & Podcasts
  • Webinars
  • Live Events
  • Instructors
  • Terms & Conditions
  • Legal
  • Privacy Policy
  • Attorney Advertising
  • Proprietary Rights
  • Disclaimer
We use cookies to offer users a better experience. By continuing to browse this website you agree to our use of cookies. To read more, see our Privacy Policy under Cookies information. OK