MAY LAWYERS SEARCH FOR METADATA IN DOCUMENTS RECEIVED FROM OPPOSING COUNSEL?
A lawyer may ethically review a document for metadata
Lawyers frequently send and receive documents or computer files in electronic form. An electronic document typically includes data that may or may not be visible when viewing the document on the computer screen or as printed out, e.g. the original author’s name, the creation date of the document, and the amount of time spent editing it. These hidden data are called “metadata”.
Legal Blog Watcher Robert J. Ambrogi discusses the question whether it is ethical to search for metadata in a document you receive from opposing counsel. He refers to the Ethics Committee of the Colorado Bar Association which has issued a formal opinion on review of metadata and adopted the ABA’s view (click here for the opinion).
The opinion says, according to Ambrogi, that a lawyer may ethically review a document for metadata. If, however, the lawyer discovers confidential information within the metadata, the lawyer should assume it is there inadvertently and immediately contact the sender.
The issues addressed in said opinion are of significant relevance to attorneys in other countries as well.
Karel Frielink
Attorney (Lawyer) / Partner
