Whenver a sensitive document is sent via email, I’m frequently asked to check to insure that the metadata has been removed. The term “metadata” is a frequent worry to lawyers but it’s because there is not a clear understandings of not only WHAT is metadata but what that metadata would imply if left in a document.
Most large to medium sized law firms use some type of software application to remove a document’s metadata. Also, it’s possible to uncover metadata from a document by simply changing the document’s view as it’s being opened in MS Word.
One way to review metadata in a document is using a Files by type option.
Open a document and choose the ‘Recover Text from Any File(*.*)’ option under ‘Files of Type’ as shown in this example:

When the document opens, it may look strange because it doesn’t show the formatting. However, opening the document this way recovers all the text, all properties information, including author name, last printing date and time, how many versions there are, a list of styles being used and the template name, and it also displays any text that was markedwith track changes! For example, it’s very easy to see where a document originated from by reviewing the names of either the styles or the document’s template. Most law firms name their styles after themselves… LOL
All Microsoft Office applications such as Excel, PowerPoint, and Word contain metadata. Even WordPerfect and PDFs contain metadata. MS Word metadata is usually what is watched most carefully since an attorney’swork products is prmarily the documents she generates. Therefore, it’s a prudent idea to familiarize yourself with document metadata, learn how to recognize and find it, and most importantly, how to remove it from a document.
Microsoft® provides more detail on this web page on metadata: Control metadata in your legal document, providing information on metadata and some ideas how to delete it. The article is penned by Donna Payne, a leader in the legal technical industry and an expert on metadata. She is employed at Payne Consulting Group.
Is stripping or reviewing a document’s metadata ethical? A growing body of case law is being developed to address these questions.
Four years ago, you were not able to find much information regarding the ethical use of metadata, let alone information about how to find it or remove it from documents. In January 2006, the Florida State Bar wanted to ban the practice of mining metadata in electronic documents. One board member said, “I have no doubt that anyone who receives a document and mines it…is unethical, unprofessional, and uneverything else.” Unfortunately, they took that position with little or no information about metadata because the first time they heard the term was during the meeting for which they voted on what action to take against it. Florida is not the only one who tried to make decisions about metadata. The New York State Bar published Ethics Opinion 7821 which states that ‘Lawyers have a duty… to use reasonable care when transmitting documents by e-mail to prevent the disclosure of metadata containing client confidences and secrets.” However they don’t talk about the ethics of looking at metadata.
More legal professionals are aware of metadata now but there still is a vast majority that does not understand how it can impact a case. More cases of metadata accidentally left in documents have caused many a case to be lost, as well as a lawyer’s reputation ruined.
Leaving metadata in a document is like not hanging up the speakerphone after a conference call with opposing counsel or sending a fax to the wrong party. Even large law firms can, without proper training and awareness, destroy their chances of winning a case. In one example, a firm posted a document with track changes still active and the other side was able to determine the plaintiff originally intended to sue a different defendant.
So how can you protect yourself without too much cost? Knowledge is power. I’ll share with you some ways to delete metadata and also how to check metadata in a Word document.
I’ll be offering a webinar on some practical and cost efficient ways to find and delete metadata at Solo Practice University.
The Metadata Debate
Whenver a sensitive document is sent via email, I’m frequently asked to check to insure that the metadata has been removed. The term “metadata” is a frequent worry to lawyers but it’s because there is not a clear understandings of not only WHAT is metadata but what that metadata would imply if left in a document.
Most large to medium sized law firms use some type of software application to remove a document’s metadata. Also, it’s possible to uncover metadata from a document by simply changing the document’s view as it’s being opened in MS Word.
One way to review metadata in a document is using a Files by type option.
When the document opens, it may look strange because it doesn’t show the formatting. However, opening the document this way recovers all the text, all properties information, including author name, last printing date and time, how many versions there are, a list of styles being used and the template name, and it also displays any text that was markedwith track changes! For example, it’s very easy to see where a document originated from by reviewing the names of either the styles or the document’s template. Most law firms name their styles after themselves… LOL
All Microsoft Office applications such as Excel, PowerPoint, and Word contain metadata. Even WordPerfect and PDFs contain metadata. MS Word metadata is usually what is watched most carefully since an attorney’swork products is prmarily the documents she generates. Therefore, it’s a prudent idea to familiarize yourself with document metadata, learn how to recognize and find it, and most importantly, how to remove it from a document.
Microsoft® provides more detail on this web page on metadata: Control metadata in your legal document, providing information on metadata and some ideas how to delete it. The article is penned by Donna Payne, a leader in the legal technical industry and an expert on metadata. She is employed at Payne Consulting Group.
Is stripping or reviewing a document’s metadata ethical? A growing body of case law is being developed to address these questions.
Four years ago, you were not able to find much information regarding the ethical use of metadata, let alone information about how to find it or remove it from documents. In January 2006, the Florida State Bar wanted to ban the practice of mining metadata in electronic documents. One board member said, “I have no doubt that anyone who receives a document and mines it…is unethical, unprofessional, and uneverything else.” Unfortunately, they took that position with little or no information about metadata because the first time they heard the term was during the meeting for which they voted on what action to take against it. Florida is not the only one who tried to make decisions about metadata. The New York State Bar published Ethics Opinion 7821 which states that ‘Lawyers have a duty… to use reasonable care when transmitting documents by e-mail to prevent the disclosure of metadata containing client confidences and secrets.” However they don’t talk about the ethics of looking at metadata.
More legal professionals are aware of metadata now but there still is a vast majority that does not understand how it can impact a case. More cases of metadata accidentally left in documents have caused many a case to be lost, as well as a lawyer’s reputation ruined.
Leaving metadata in a document is like not hanging up the speakerphone after a conference call with opposing counsel or sending a fax to the wrong party. Even large law firms can, without proper training and awareness, destroy their chances of winning a case. In one example, a firm posted a document with track changes still active and the other side was able to determine the plaintiff originally intended to sue a different defendant.
So how can you protect yourself without too much cost? Knowledge is power. I’ll share with you some ways to delete metadata and also how to check metadata in a Word document.
I’ll be offering a webinar on some practical and cost efficient ways to find and delete metadata at Solo Practice University.