Jim Calloways article, Metadata – What Is It and What Are My Ethical Duties?, provides an overview of still-shifting ethics opinions on attorneys ethical obligations in dealing with metadata. The debate relates to whether attorneys should be allowed to use accidentally revealed metadata or even to actively solicit it surreptitiously.
1. Read Calloways article and the ABA update on Metadata Ethics Opinions.
2. Write and support your own opinion on the issue of whether a lawyer receiving accidentally disclosed metadata should be able to use it or not. This doesnt have to be a detailed legal brief but should be an informed position documented by experience and analysis.
Please email your opinion to me by Wednesday, October 24, 2012.