http://www.lawofcriminaldefense.com/
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Sunday, November 12:
The ABA's Formal Opinion 06-442 (
The Model Rules of Professional
Conduct do not contain any specific prohibition against a lawyer’s reviewing
and using embedded information in electronic documents, whether received from
opposing counsel, an adverse party, or an agent of an adverse party. A lawyer
who is concerned about the possibility of sending, producing, or providing to
opposing counsel a document that contains or might contain metadata, or who
wishes to take some action to reduce or remove the potentially harmful
consequences of its dissemination, may be able to limit the likelihood of its
transmission by “scrubbing” metadata from documents or by sending a
different version of the document without the embedded information.
The