How Opposing Counsel Mines Metadata From Your Documents — And What They Find
This is not theoretical. Metadata extraction is a standard step in e-discovery and litigation support. Every document you send is a potential intelligence source for the other side. Here's what they actually do with it.
Step 1: They open your file in a metadata viewer
The most basic metadata extraction requires nothing more than right-clicking a file and opening Properties on Windows, or pressing ⌘I on a Mac. Litigation support professionals use tools like ExifTool, Apache Tika, or Metadata Interrogator to extract every field across hundreds of documents at once.
What they typically find in a law firm's documents
Is metadata mining by opposing counsel ethical?
Under ABA Formal Opinion 06-442, opposing counsel in civil matters may review metadata from documents you voluntarily produce. However, if the metadata contains privileged or work-product-protected information, it's more complicated — and you may have grounds to object and demand destruction of any extracted metadata.
The cleanest defense is not to send the metadata at all. A scrubbed document gives opposing counsel nothing to mine. See our state-by-state ethics guide for what your bar says.
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