Opinions on document metadata in 2009

Finishing off a presentation for a screen-cast next week and wanted to check I had a date right (well it is Friday) and found the post below in draft. So, despite it being the end of the second month of 2010, a couple of ethics opinions released in 2009 and some links to resources on other ethics opinions:

In June 2009 West Virginia Lawyer Disciplinary Board released its ethics opinion on document metadata finding that there is a burden on an attorney to take reasonable steps to protect metadata in transmitted documents.

As reported in October 2009, this was followed by the Vermont Bar Association issuing an opinion on metadata.

The ABA has a table of the opinions that it maintains (last updated Sept 2009 at the time of writing). The LegalEthics website is another good source.

The Risks and Benefits of Mobile Computing

More and more solo and small firm practitioners are making the most of the advancement in technology to practice law using mobile devices and remote applications. The launch over the last few months of the latest iPhone and Blackberry Storm has been another leap forward in enabling technology.

Not only does mobile technology assist attorneys in managing their client base, it also helps in lowering their business overhead. Mobile devices enable attorneys to work from anywhere. The term ‘Mobile Attorney,’ while meaning a specialization in the past, now relates to the practice of using mobile technology to conduct business.

One of the key aspects of the Mobile Attorney is that they no longer just have a laptop running Microsoft Windows. They are now accessing their email, documents and other business applications via webmail, mobile enabled Document Management Systems (DMS) and a broad array of devices such as Blackberry, iPhone, PDAs, NetBooks and Apple Macs.

But, this brings up an interesting fact. While being a Mobile Attorney has many significant benefits, it does introduce new security risks, especially where the firm's security tools, such as their metadata removal application, is limited to a desktop tool. The Mobile Attorney using the web, DMS or mobile device does not have access to these tools and so fall foul of what I refer to as 'the mobile security gap'. If you are a Mobile Attorney – are you aware of these risks and are you doing anything to make sure you and your data is protected?