Want to know what opposing counsel was really thinking prior to sending you a document? Mine that document for metadata using techniques like these:
- Activate the Track Changes feature to read insertions, deletions and comments
- Check headers and footers (Does the last page in a discovery read “Page 3 of 7”? Does the date of creation not mesh with other information you’ve been given?)
- Search for “white text” (text in a white font set on a white background)
- In Microsoft Excel, look for hidden columns and rows and floating notes
- In PowerPoint, look for speaker’s notes
- Check a document’s properties for things like document creation date, author, software used to create the document, and other details
- Look for extra fields in e-discovery production documents
- Download a free metadata extractor from the Internet and use it to open files
- You won’t always find useful metadata in documents you receive, but enough lawyers remain ignorant of both metadata and the consequences of disclosing it that it’s worth your while to try the techniques in the list above.
“It isn’t just legal,” says Dominic Jaar, president of Montreal-based Ledjit Consulting Inc. “It’s an ethical obligation for lawyers to look at metadata from opposing counsel.” He also notes that lawyers are obliged to disclose any finds to opposing counsel.
“I review the metadata if it’s relevant to the case,” says Dera Nevin, senior director, litigation support for McCarthy Tétrault LLP.
To Continue Reading: Click Here
---------------------------------------------------------
Source: lawyersweekly.ca
By: Luigi Benetton
0 comments:
Post a Comment