By Wendy L. Click the button below and follow the onscreen instructions. In addition, many lawyers maintain electronic copies of client files in many different formats — formats that might differ from the format preferred by the client. In these situations, lawyers sometimes struggle with how to deliver such files in a method that will satisfy the client and not unduly burden the attorney. This article explores some of the ethical rules and opinions that apply to the contemporary issue of returning client files after termination of representation. Under California Rule of Professional Conduct , paragraph D states in pertinent part that a lawyer whose employment has terminated shall release to the client at his or her request all client papers and property.
One Year Later: A California Metadata Case
One Year Later: A California Metadata Case | Bow Tie Law's Blog
June 29, marks the first anniversary of the California Electronic Discovery Act. It is unlikely there are any decorations at state courthouses celebrating the date. There are many California judges, attorneys and bar associations preparing educational events on e-Discovery. However, there are few cases directly addressing electronically stored information and the one year old law. One of the first unpublished metadata cases in California was a criminal prosecution involving photos and assault. Wood, Cal. A photographer expert testified on the metadata from over 4, photos, creating a chronology of when each photo was taken down to the minute.
My State Bar Profile
Support Center Contact Us Not so fast! As eFiling becomes widespread and the courts move to online case management systems, the issue is becoming more pertinent. Fortunately, with a basic understanding of what metadata is and the process for properly eliminating it, you can make sure that when you remove metadata, it is truly gone.
By Robert Brownstone. Click the button below and follow the onscreen instructions. The Titanic was sunk not by what was visible above the waterline, but by what lurked beneath the surface. In the stormy seas of electronic-information-era lawyering, what you see when looking at an electronic document is just the tip of the iceberg and metadata is the unseen danger looming below.