The use of computer software programs like Microsoft Word plays an integral role in the legal profession. Lawyers routinely send and receive e-mails with attachments such as proposed contracts or transactional documents prepared using word processing applications. What many lawyers aren’t aware of is that the documents transmitted to opposing counsel may contain metadata, or the hidden drafting data behind the document.
After receipt, opposing counsel or an outside technician can, conceivably, use computer technology to search the document for metadata and obtain pertinent document details such as past revisions, comments made during drafting, total editing time, or the identity of the original author. Such details could reveal client information and litigation strategies or potentially affect the course of negotiations.
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