Ethics Governance
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| Article - Abstract. To view full article click on the article title. | |
E-Ethics Vol. III, No. II E-Ethics Vol. III, No. II Metadata Update: The Duty of Reasonable Care E-Ethics Vol. III, No. II (Feb. 2005) (c) 2005 by Professor David Hricik Mercer University School of Law www.Hricik.com A December 2004 ethics opinion by the New York State Bar Association imposes a duty on lawyers to monitor against improper disclosure of metadata. (If you don't know what metadata is, but you use Microsoft Word or Corel Word Perfect, or disclose or transmit to third parties client documents created with such programs, you should read my article about it here.). The opinion is the first of its kind, is pretty straightforward, and is reprinted below in full. New York State Bar Association Committee on Professional Ethics Opinion Number 782 December 8, 2004 QUESTION DR 4-101(B) states that a lawyer shall not "knowingly" reveal a confidence or secret of a client. Does a lawyer who transmits documents that contain "metadata" reflecting client confidences or secrets violate DR 4-101(B)? OPINION Word-processing software commonly used by lawyers, such as Microsoft Word and Corel WordPerfect, include features that permit recipients of documents transmitted by e-mail to view "metadata," which may be loosely defined as data hidden in documents that is generated during the course of creating and editing such documents. Full Article: http://www.hricik.com/eethics/3.2.html |
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2006 Ethics-Governance.com |
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