Be Careful When Posting Client Information Online
When it comes to an attorney's obligation to maintain a client's confidential information, the relevant California statute does not mince words.
July 02, 2019 at 10:00 AM
6 minute read
When it comes to an attorney's obligation to maintain a client's confidential information, the relevant California statute does not mince words. Business and Professions Code §6068(e)(1) provides that it is the duty of an attorney “[t]o maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.”
Rule 1.6 of the California Rules of Professional Conduct further specifies that disclosure of such information is permitted only where the client provides informed consent or in other very limited circumstances. Nonetheless, despite the strict language, some attorneys play fast and loose when it comes to disclosing confidential information on social media. Now, in the (relatively) new world of social media, there is increasing awareness among firms and the bar as a whole that the same confidentiality rules apply to social media and blogging.
In 2018 the ABA's Standing Committee on Ethics and Professional Responsibility issued an opinion that attempted to provide clarity regarding the scope of an attorney's obligation to maintain client confidences when it comes to postings on blogs or other social media. In Formal Opinion 480, the ABA advised that “[l]awyers who blog or engage in other public commentary may not reveal information relating to a representation, including information contained in a public record, unless authorized by a provision of the Model Rules.”
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3'That's Disappointing': Only 11% of MDL Appointments Went to Attorneys of Color in 2023
- 4What We Know About the Kentucky Judge Killed in His Chambers
- 5'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250