Anthony E. Davis and Janis M. MeyerPublication of Information Regarding Client Matters
This article discusses the extent in which lawyers are free to write and publish articles regarding matters that they have handled for their clients.
November 22, 2024 at 10:00 AM
8 minute read
Two recent ethics opinions, one from the ABA Standing Committee on Ethics and Professional Responsibility (the “ABA Opinion”) and one from the New York State Bar Association Committee on Professional Ethics (the “New York Opinion”), address a question that faces many lawyers – to what extent are they free to write and publish articles, or post on listservs, regarding matters they have handled for their clients. Both cover similar ground, and come to similar conclusions, but they nevertheless employ some different analyses and are both worthy of consideration.
The ABA Opinion (Formal Opinion 511R) is titled “Confidentiality Obligations of Lawyers Posting to Listservs.” The digest of the opinion reads as follows:
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