Attorney Ethics in E-Discovery
One of the primary challenges of managing modern litigation is e-discovery – mining the vast storehouses of electronic files for relevant evidence. Often those electronic files contain certain “hidden” information – for example, earlier drafts of documents, edits, creation dates and times – that the creator may not know exists and certainly does not want disclosed. That information may be subject to the attorney-client privilege and is not properly discoverable. The intersection of modern electronic forensics and vast storehouses of electronic data has created an ethical minefield for attorneys. This program is a practical guide to how metadata is created and how it can be destroyed – and the ethical implications of discovering that information.
- Mining electronic files for metadata
- Inadvertent disclosure of metadata, the attorney-client privilege and return of documents
- Spoliation of evidence issues
- Preventing the creation of or eliminating metadata
- Ethical issues in working with e-discovery vendors
Michael E. Lackey is a partner in the Washington, D.C. office of Mayer Brown, LLP, where he represents individuals and major companies in state and federal proceedings, including multidistrict and class action litigation, grand jury investigations, and government contract disputes. Mr. Lackey is an Advisory Board Member of the Georgetown University Law Center Advanced E-Discovery Institute and serves as an Adjunct Professor of Law at The George Washington University Law School. Earlier in his career he served as a judicial clerk to Judge Jacques L. Wiener, Jr. of the U.S. Court of Appeals for the Fifth Circuit. He has developed a specialty in advising clients on a wide range of e-discovery issues. Mr. Lackey received his B.S. from the Massachusetts Institute of Technology and his J.D. from The George Washington Law School.
