The American Bar Association recently decided that attorneys are not violating the Model Rules of Professional Conduct by reviewing opposing parties’ electronic documents for metadata. The stance taken by the American Bar Association contradicts views from ethics committees in other jurisdictions that have determined that lawyers who examine metadata are acting unethically. This Article summarizes the American Bar Association’s decision, as well as the other opinions on metadata, to help practicing attorneys understand the proper ethical considerations they must make when determining whether to look into an electronic document’s metadata.
To Mine or Not to Mine: Recent Developments in the Legal Ethics Debate Regarding Metadata,
4 Shidler J. L. Com. & Tech.
Available at: https://digitalcommons.law.uw.edu/wjlta/vol4/iss4/6