Research Links

Alice McCreary

Compiler

Ethics
General
Rules and Opinions
Metadata

Metadata is data about data.  It describes how, when, and by whom a document was created.  Distributing documents containing metadata may violate PA Rule 1.6 if it violates a client's confidentiality.  ABA Ethics Opinion 06-442 (August 5, 2006) states that "The Model Rules of Professional Conduct do not contain any specific prohibition against a lawyer's reviewing and using embedded information in electronic documents, whether received from opposing counsel, an adverse party, or an agent of an adverse party."  Many individual state bar associations have also issued ethics opinions concerning metadata.  However, according to the ABA, "there is no clear consensus on the major metadata issues."