Beware the pitfalls of metadata - learn how to keep your electronic documents metadata-free.
In the technology-infused society that lawyers live and practice in, lawyers must be aware of the presence of metadata in electronic documents and how to address it. Metadata is embedded information in electronic documents that is generally hidden from view in a printed copy of a document. It is generated when documents are created or revised on a computer. Metadata may reflect such information as the author of a document, the date or dates on which the document was revised, tracked revisions to the document, and comments inserted in the margins. It may also reflect information necessary to access, understand, search, and display the contents of documents created in spreadsheet, database, and similar applications. This embedded electronic information may include privileged information, information subject to the work product privilege, information that has not been requested in discovery, information that has been requested in discovery but is subject to an objection on which a court has not yet ruled, nondiscoverable information, and private or proprietary information. Some metadata is of little or no use to a party or counsel in a litigated dispute or transactional matter. Other metadata is directly material to a factual or legal issue. If the sender has not affirmatively minimized (scrubbed or stripped) metadata in the document, some information may be revealed by simple computer keystrokes, while other metadata may be mined by the use of sophisticated computer software. Practicing law in today's society, this topic will reaffirm how we as attorneys can embrace the opportunities afforded by technology to serve our clients better but cannot afford to ignore the risks posed.
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