II(C). Discovery – Do Not Delete
“[A] lawyer must be careful in situations where
electronic documents constitute tangible evidence.
Rule 3.4(a) prohibits altering, destroying or
concealing material having potential evidentiary
value. . . .”
“[R]emoval of metadata may be prohibited and must
be produced when requested and not objected to.
However, any metadata that is privileged can still be
protected and exempt from discovery, upon proper
assertion of a privilege.”
W. Va. State Bar Ethics Op. L.E.O. 2009-01 (June 10, 2009)