It is not uncommon for opposing attorneys to exchange during discover on a case.  In today’s world more and more of it is done in an electronic form.  Sometimes in its native electronic form that include metadata such as the document author, dates of creation-alteration and where the document was stored. 

Attorneys must be careful not to disclose confidential information outside of the permissible discovery by disclosing confidential client information in the metadata.  Attorney not taking reasonable precautions to keep from disclosing confidential metadata could be subject to disciplinary action and/or an attorney malpractice claim.

While the Texas Center for Legal Ethics in Opinion 665 addressed this very question, there was not a concrete answer given as they pretty much stated it would depend on the facts.

Share |

No Comments

Post a Comment
Required (Not Displayed)

All comments are moderated and stripped of HTML.
Submission Validation
Change the CAPTCHA codeSpeak the CAPTCHA code
Enter the Validation Code from above.
NOTICE: This blog and website are made available by the publisher for educational and informational purposes only. It is not be used as a substitute for competent insurance, legal, or tax advice from a licensed professional in your state. By using this blog site you understand that there is no broker client relationship between you and the blog and website publisher.
Blog Archive
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2013
  • 2011

View Mobile Version