Lawyers

December 24, 2009
By Dane Ciolino

Can an attorney who receives electronic documents from opposing counsel, by discovery or otherwise, violate any ethics rules by searching for confidential metadata that may have been transmitted inadvertently in the documents? Vermont has said that the lawyer may violate the rules, but there is a split among states on the issue. See Vermont Bar Association Professional Responsibility Section, Opinion 2009-1.

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