The Ethics of Mining for Metadata Outside of Formal Discovery

By Elizabeth W. King113 Penn St. L. Rev. 801.

One of the most familiar ethical issues in the practice of law is the conflict between advocating on behalf of a client and maintaining standards of professional ethics.  As technology in the practice of law increases, lawyers are facing a greater number of ethical challenges.  This paper explores the particular ethical dilemma that is created when, outside of formal discovery, an attorney inadvertently, unknowingly, or unintentionally sends metadata hidden behind an electronic document to another attorney . . . [keep reading]