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Metadata raises legal risks

Lawyers who receive inadvertently disclosed hidden data face ethical questions.

Sender’s Responsibility

The dozen state bars that have issued ethics opinions have focused on three issues: the sender’s responsibility when transmitting electronic data including metadata; the recipient’s duty to notify the sender when metadata is inadvertently received; and the recipient’s right to examine such files. These issues generally arise when data is transmitted in transactional matters.

Duty to Notify

A lawyer receiving metadata faces his own ethical questions.

Michael Kozubek

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