Don’t Blog About Client’s Public Info Without OK, ABA Says

Lawyers can’t blog about a client—even when the information is already public—unless the client gives authorization, the American Bar Association’s latest ethics opinion says.

Lawyers must use caution when commenting on their cases on social media. Even if information is in the public record or otherwise known, a lawyer can disclose it only if the client gives express or implied consent.

The ABA’s Mar. 6 ethics opinion discussed how a lawyer’s “public commentary” implicates three ethics rules—Rules 1.6 (confidentiality), 3.5 (impartiality/decorum of tribunal), and 3.6 (trial publicity). The committee said public commentary could also implicate advertising rules and create positional ...