Ethics and the Use of Metadata in Litigation and Law Practice

Vorys attorney Elizabeth Simon presented a teleseminar hosted by the Professional Education Broadcast Network on May 8, 2013. Her presentation was titled Ethics and the Use of Metadata in Litigation and Law Practice.

Ms. Simon discussed the following topics:

• Ethical issues in protecting your client’s metadata and using the metadata of adversaries
• Duties of competency, confidentiality, zealous representation and preserving the attorney-client privilege
• Are attorneys required to find and destroy their clients’ metadata
• Can attorneys ethically look for metadata in the electronic files sent to them by an adversary and use it
• Metadata issues in the creation and exchange of email
• Best practices to avoid ethical liability and adverse outcomes in a case