Technology and Legal Ethics

Posted on April 21, 2008 by Matthew Burnett

Today Robert Ambrogi wrote an interesting post about a new ethics opinion from the New York County Lawyers' Association that concludes that mining metadata in documents from opposing counsel is unethical (siding with the New York State Bar and conflicting with a 2006 ABA Ethics Committee opinion).

For more on metadata and other areas where technology intersects with legal ethics, check out the ABA Legal Technology Resource Center's Technology and Ethics Overview and LegalEthics.com, a blog that focuses on the ethical issues associated with the use of technology by legal professionals. -M

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technola - June 18, 2008 7:33 PM

An update from Ambrogi:

"Maryland and the District of Columbia have also sided with the ABA on the issue, while Arizona, Alabama and Florida agree with New York. Now, the Ethics Committee of the Colorado Bar Association has weighed in with a formal opinion on review of metadata and adopted the ABA's view. It says 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."

Read the full post here.

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