I Can Tell When You're Telling Lies: Metadata in Litigation and Transactional Practice
Journal of Legal Profession, Vol. 30, p. 79, 2006
23 Pages Posted: 31 Jul 2006
This article analyzes the ethical duties arising from metadata and other embedded data that accompanies Microsoft Word, WordPerfect, and other computer files. It analyzes how the duty of competency requires lawyers to remove embedded data, and describes how the duty of confidentiality and fairness to opposing counsel may require lawyers to notify the sender of a document containing metadata of its receipt.
Keywords: metadata, legal ethics, legal malpractice, Microsoft Word
JEL Classification: K40, K41
Suggested Citation: Suggested Citation