deliverables and rubric
Open a free account with a Cloud-based company, such as Dropbox.com or Box.com. You can access Dropbox from desktop computers, laptops, tablets, and smartphone apps. Submit the link to the Unit 4 Assignment below to the Unit 4 section of the Dropbox.
Your supervising attorney receives an e-mail from opposing counsel containing a settlement agreement. The document is quite short, so the attorney wonders how long it took to draft it. The attorney clicks on the properties tab and sees the document was open on opposing counsel’s computer for 3 hours. The attorney opens the metadata scrubber utility on his computer. In a few moments, he is reviewing the revision history of the document. It looks like several documents were combined and then a lot of deletions were made at the end. The attorney pulls up a large block of deleted text and begins to read, “Notes: client is desperate to recover anything and not face damaging publicity if she receives nothing at trial. Offer $300K but get it settled before the end of the month no matter what.” The attorney wonders what he should do with this new information.
Please answer the following questions with supporting information from bar associations’ ethics opinions, rules, and/or guidelines:
- Was it appropriate for the attorney to examine the document’s metadata? Why or why not?
- When the attorney became aware that the document he received contained revealing metadata, what should he do in response?
- Is the attorney required to either disregard the document with metadata or reveal the discovery to opposing counsel immediately? Why or why not?
There is a 2-page minimum requirement for this assignment.
You may find useful information at these links:
American Bar Association:http://www.americanbar.org/groups/departments_offices/legal_technology_resources/resources/charts_fyis/metadatachart.html
Alabama:http://www.azbar.org/Ethics/EthicsOpinions/ViewEthicsOpinion?id=695
Arizona:http://www.azbar.org/Ethics/EthicsOpinions/ViewEthicsOpinion?id=695
……………Answer preview……………..
The debate around document metadata is a highly publicized one especially in the legal profession. There are many laws that have been put forth to regulate the viewing of document’s metadata due to ethical concerns……………………….
APA
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