Attorney I.M. Analog represents a client in a lawsuit settlement negotiation. Analog sends a draft settlement agreement to opposing counsel whose attorney is High Tech, as an attachment to an email. Like all electronic files, the attachment includes embedded data, commonly called metadata. This metadata is digital data, and it is not immediately visible when the document is opened by the recipient of the email but can be read either using certain commands available in word-processing software or using specialized software. In this case, the metadata includes information revealing some of Mr. Analog's confidential client information related to the ongoing settlement negotiations. While reading the information, High Tech reveals the metadata and reads the confidential client information. He has no reason to believe that Mr. Analog intended to include this metadata in the attachment.

1. What issue(s) or ethical question(s) are present in this fact pattern for both attorneys?
2. What relevant Texas Disciplinary Rules of Professional Conduct apply to the fact pattern for both attorneys?
3. Apply the relevant rules to the above fact pattern.
4. What ethical obligations and potential ethics violations does the above fact pattern present to both attorneys?

Answer rating: 100% (QA)

In this fact pattern several ethical issues and questions arise for both attorneys IM Analog and High Tech Issues or Ethical Questions Confidentiality ... View the full answer