New York County Bar Association's Ethics Opinion on Metadata

The New York County Lawyers'  Association issued this ethics opinion on mining an adversary's responding documents in discovery for metadata (see opinion).  Here's a press release on the opinion.  The New York State Bar Association issued an opinion on the same subject several years ago (see opinion).

I agree with the view that an adversary should not mine a document for metadata; I compare it to the disclosing party inadvertently handing over a privileged document.  If it's obvious that the disclosure is inadvertent, professional courtesy (especially in today's practice of large volume of e-mails and faxes) and ethical considerations warrant returning the privilege document (and ceasing analyzing the document once the inadvertent disclosure becomes clear).

Hat Tip to Sui Generis and Legalethics.com.