A recent ABA Formal Ethics Opinion holds that a lawyer can ethically examine the hidden 'metadata' in an electronic document received from an opposing party. See ABA Formal Ethics Opinion 06-442.
- Click here to read the ABA's Nov. 9 news release summarizing the opinion.
- Click here to view or download the opinion as posted at 'PDF for Lawyers' (PDF file).
This will be my last post on this issue, at least for now. The fact that something such as "metadata" was discussed at such lengths in legal journals, CLE's and legal blogs shows the value of being "techsavy" when it comes to electronic discovery.