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The ethics of metadata and retainers.

Brushing up on Ethics Rules in MN

The ethics of metadata and retainers.

About Francis Rojas

Francis practices in the areas of employment and labor law. She focuses on helping workers who have experienced employment discrimination, harassment and retaliation. In addition, Francis counsels workers who have experienced wage and hour violations. Francis also advises workers in union organizing campaigns and assists unions with contract enforcement. She graduated from William Mitchell College of Law in 2008 and has a B.A. in Psychology and Sociology from Augsburg College. While in law school, Francis interned with the Equal Employment Opportunity Commission. She also helped individuals and non-profit organizations through the William Mitchell Civil Advocacy Clinic and the Tax Planning Clinic. Francis was born in Bogotá, Colombia and is fluent in Spanish. Francis also speaks Japanese, French, Arabic, and German.

2 comments

  1. It is important to remember that these opinions are merely advisory and not “new rules.” The Minnesota Supreme Court has said attorneys can not be disciplined for purported violations of same. There could be discipline based on the underlying conduct, if it violates one of the Court’s Rules of Professional Conduct. Also, Minnesota Lawyer published an October 12, 2009 article about the controversy surrounding Opinion 21.

    The link to the pending “opinion” appears to be a proposed amendment to the Rules of Professional Conduct. It is important to distinguish between LPRB opinions and the rules themselves.

    Finally, with respect to metadata, a converted PDF document could still have metadata, while a document that is printed and then scanned could not.

  2. Those are well made points.

    Regarding the PDF, you really have to be careful – and I agree with your statement. With a PDF you can still have highlights and comments, and the metadata might not be completely stripped.

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