You heard about it on RTL soon after the ruling was handed down: Resolution 105A, proposed by the ABA Commission on Ethics 20/20 and passed August 6th by the House of Delegates, requires lawyers to act competently in securing client data. Furthermore, lawyers who receive metadata must notify the sender if they know or reasonably should know that the metadata was inadvertently sent.
The need to stay in tune with technology is now compulsory, given these new mandates (Rule 1.1 now make staying current with technology a part of being competent). No more lawyer Luddites is how I summed it all up.
With metadata squarely in the spotlight, John and I will be presenting on the topic at the ILTA conference in Washington, D.C. on August 29. Litéra is hosting our talk, being experts themselves on the topic of metadata cleaning. Litéra's own researched revealed that up to 10 percent of all business e-mails are sent with sensitive information inadvertently attached, even though most law firms have deployed some sort of metadata removal software.
John and I will be recounting some famous metadata disasters, discussing the risks of metadata and outlining best practices to prevent accidental disclosures. Register to attend this session here.
E-mail: firstname.lastname@example.org Phone: 703-359-0700