Scrubbing metadata before sending documents to opposing counsel
ABA Formal Opinion 06-442 addresses the obligation around metadata in electronic documents sent to opposing counsel. Some jurisdictions treat inadvertently transmitted metadata as a waiver; others require counsel to notify you; a few permit use of whatever metadata arrives. The safest practice is to strip metadata before it leaves your possession.
The practical workflow: scrub the Word source, then scrub the PDF export. Word-sourced PDFs inherit the DOCX metadata, so doing only one pass leaves fields in the other file. PrepFile's scrubber handles both formats, runs locally, and produces a report you can keep in the file.
For privileged draft language embedded in tracked changes: accept or reject all changes in Word before exporting to PDF. Metadata stripping removes the author fields. It does not remove draft language that is still present in the document body as accepted text.
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Pre-production workflow
- Scrub the DOCX: drop into PrepFile → note tracked changes in report → accept/reject in Word.
- Export to PDF from Word (Print → Microsoft Print to PDF or File → Save As PDF).
- Scrub the resulting PDF through PrepFile's PDF mode.
- Run the pre-flight checker on the final PDF to confirm it is text-searchable and Letter-sized.
- Keep both reports (DOCX report + PDF report) in your matter file.
Questions
Does stripping metadata satisfy all ethical obligations?
It is a reasonable step but not a complete answer. Review your jurisdiction's specific rules, your firm's metadata policy, and consult your state bar's ethics guidance if uncertain. PrepFile is a technical tool, not legal advice.
What if I receive a document with metadata?
That is a question for your jurisdiction's ethics rules. Some require notification to sender; some permit use. Do not use PrepFile to inspect received documents without understanding those obligations.
Can the other side tell metadata was stripped?
The cleaned file has blank info dict fields, which is normal for many PDF generators. There is no marker that says 'previously had metadata'. A forensic examiner could potentially detect that fields were present and then cleared, but this is not something the PDF format prevents.