12/07/2006
ABA Concludes Lawyers are Not Prohibited in Reviewing and Using Metadata Stored in Received Electronic Documents
American Bar Association Standing Committee on Ethics and Professional Responsibility, Formal Opinion 06-442, August 5, 2006
Brief Summary
The committee concluded that the ABA Model Rules (the “Rules”) do not prohibit a lawyer’s review and use of metadata stored in electronic documents received from opposing counsel, an adverse party or agent of an adverse party. There may, however, be a duty to notify the sending lawyer of the receipt of such information if the receiving lawyer knows or should know that the metadata was transmitted inadvertently.
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