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Any such metadata is to be considered by the receiving lawyer as confidential information which the sending lawyer did not intend to transmit. Furthermore, failure to comply with these rules has resulted in sanctions from the courts. Clearly, The Florida Bar recognizes that metadata can reveal protected information and has taken measures to prevent lawyers from mining electronic documents in order to access it. However, trends established both nationally and internationally support a determination that grants wide latitude. Even after receiving hard copies of documents, a party in a New York federal case requested, and was granted, an order from the court compelling the production of electronic versions of the documents. See, Ethics Opinion and Rule Its growing importance is reflected in the fact that it has recently become the topic for continuing legal education seminars.

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Its growing importance is reflected in the fact that it has recently become the topic for continuing legal education seminars.

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Rules and Practice Directions

In other cases, the information revealed in the metadata itself may be pertinent to the case. See Workshare Protect, www. Under these circumstances, sending lawyers could face an impossible dilemma with regard to inadvertent disclosure because disclosing the metadata may be the only way to satisfy the discovery request of opposing counsel. The software, which is designed specifically for law firm use, provides centralized administration and control over metadata removal settings while providing integration with Lotus Notes, Novell GroupWise, and Microsoft Outlook software. Certain electronic documents require metadata in order to be navigable, searchable, or fully accessible. A duty to preserve metadata could pose a new host of challenges for lawyers in their efforts to protect privileged and confidential information. Much of this nonsensical text is in fact metadata, and likely includes information such as the firm name or drafting dates.

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