FLORIDA BAR BAFFLED AND UPSET BY METADATA . . . According to the Florida Bar News, the Florida Bar's Board of Governors wants to ban the practice of looking at metadata in electronic documents. Said one board member, “I have no doubt that anyone who receives a document and mines it . . . is unethical, unprofessional, and un-everything else."
At its latest meeting, the board voted unanimously for a motion stating that lawyers should not look at metadata. The board also referred the following two questions to the Professional Ethics Committee of the Florida Bar:
The first is whether it is unethical for a lawyer to mine metadata from an electronic document he or she receives from another party. The second is whether an attorney has an affirmative duty to take reasonable precautions to ensure that sensitive metadata is removed from an electronic document before it is transmitted.
According to the article, several of the Florida board members hadn't heard the word "metadata" until the meeting in which they swiftly voted to take action against it. For more background on lawyers and metadata, see my recent posts at the Illinois Trial Practice Weblog, "Electronic Discovery: 'Metadata' Becomes a Sexy Word," and "Avoid Embarrassment: Learn About the Metadata You're Creating."
Thanks to a reader for the link.