Metadata and Preservation of Client Confidences

Metadata and Preservation of Client Confidences | Chris McDonough

While recently participating in a lecture, I had the opportunity to review some material on metadata. While most of the information was irrelevant to my practice, I did take away something important regarding preservation of client confidences and protection of privileged information when sending documents electronically. First, understand that under RPC 4.4, unintentional misdelivery of information or documentation to an opponent requires only that the recipient advises you of its receipt. There is no prohibition against the subsequent use of such received information under the Rule. Thus, misdelivery of information to an opponent can provide them with an unintended advantage, and may result in a charge of malpractice.

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