Peer to Peer Magazine

the quarterly magazine of ILTA 75 Peer to Peer mEmBER RESOURCES See a Demo of iScrub Today Is your firm adequately protected from the inadvertent transmission of document metadata? Document Metadata Management Innovative Software + Astonishing Services = Extraordinary Client Success esqinc.com | 951-506-5641 AmericAn BAr ASSociATion ABA Standing Committee on Ethics and Professional Responsibility, Formal Opinion 06-442, Formal Opinion 05- 437… "A lawyer who is concerned about the possibility of sending, producing, or providing to opposing counsel a document that contains or might contain metadata, or who wishes to take some action to reduce or remove the potentially harmful consequences of its dissemination, may be able to limit the likelihood of its transmission by 'scrubbing' metadata from documents or by sending a different version of the document without the embedded information" [06-442] cALiForniA e State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion No. 2007-174 "Prior to release, the attorney is ethically obligated to take reasonable steps to strip from each of these electronic items any metadata reflecting confidential information belonging to any other client." neW YorK New York State Bar Association - Committee on Professional Ethics, Opinion 749, Opinion 782 "Lawyers must exercise reasonable care to prevent the disclosure of confidences and secrets contained in 'metadata' in documents they transmit electronically to opposing counsel or other third parties." [782] PennSYLVAniA Pennsylvania Bar Association - Committee on Legal Ethics and Professional Responsibility, Formal Opinion 2009-100 "'the responsibility of keeping client confidences is primarily that of the sending attorney' the 'transmitting attorney has a duty of reasonable care to remove unwanted metadata from electronic documents before sending them to a third party.'" [2009-100] WASHinGTon, D.c. D.C. Bar - Legal Ethics Committee, D.C. , Opinion 341 "Lawyers sending electronic documents outside of the context of responding to discovery or subpoenas have an obligation under Rule 1.6 to take reasonable steps to maintain the confidentiality of documents in their possession. is includes taking care to avoid providing electronic documents that inadvertently contain accessible information that is either a confidence or a secret and to employ reasonably available technical means to remove such metadata before sending the document…Accordingly, lawyers must either acquire sufficient understanding of the software that they use or ensure that their office employs safeguards to minimize the risk of inadvertent disclosures." neW HAmPSHire New Hampshire Bar Association - Ethics Committee Opinion 2008-2009/4 "Sending lawyers must take reasonable care to avoid improper disclosure of confidential information that may be hidden within metadata accompanying electronic materials sent to opposing counsel." coLorADo Colorado Bar Association Ethics Committee Ethics Opinion 119 "A sending lawyer who transmits electronic documents or files has a duty to use reasonable care to guard against the disclosure of metadata containing Confidential Information. What constitutes reasonable care will depend on the facts and circumstances. e duty to provide competent representation requires a Sending Lawyer to ensure that he or she is reasonably informed about the types of metadata that may be included in an electronic document or file and the steps that can be taken to remove metadata if necessary. Within a law firm, a supervising lawyer has a duty to ensure that appropriate systems are in place so that the supervising lawyer, any subordinate lawyers, and any nonlawyer assistants are able to control the transmission of metadata." [119] FLoriDA e Florida Bar Ethics Department Ethics Opinion 06-02 "It is the sending lawyer's obligation to take reasonable steps to safeguard the confidentiality of all communications sent by electronic means to other lawyers and third parties and to protect from other lawyers and third parties all confidential information, including information contained in metadata, that may be included in such electronic communications." [06-02] • Emphasizes firm-wide control NOT end-user preference • Cleans even the most granular metadata found in Microsoft Office 2007 • NEW iScrub Administrator module simplifies configuration • Manages the metadata in batches of files at once with the "Spincycle" utility • Intuitive interface reduces end-user training • Metadata management of Word, Excel, PowerPoint and PDF files Attend a free webinar "Key Strategies for Metadata Management in Office 2007" iScrub Key Features:

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