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Florida Bar Opinion 06-2

Date 09/15/2006.

Professional Ethics of the Florida Bar 

Topics: metadata; duties of a lawyer when sending an electronic document to another lawyer and when receiving an electronic document from another lawyer in the course of representing their clients.

Summary:

“A lawyer who is sending an electronic document should take care to ensure the confidentiality of all information contained in the document, including metadata. A lawyer receiving an electronic document should not try to obtain information from metadata that the lawyer knows or should know is not intended for the receiving lawyer. A lawyer who inadvertently receives information via metadata in an electronic document should notify the sender of the information’s receipt. The opinion is not intended to address metadata in the context of discovery documents.”

Rules: Florida Rules of Professional Conduct 4-1.1, 4-1.2, 4-1.4, 4-1.6, 4-4.4(b)

 

The full text is available at https://www.floridabar.org…

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