Saturday, September 8, 2007
The D. C. Bar's ethics committee has issued an opinion on mining metadata from documents provided by an opposing party. It is improper to mine only when the attorney has actual knowledge that so doing will reveal confidential or protected information. Where uncertain, counsel should check with the provider of the document before subjecting the document to mining.
Note that D.C.'s version of Rule 4.4 varies from the ABA Model Rule, which impacts significantly on the analysis of this issue. (Mike Frisch)