ISBA - Iowa State Bar Association

05/15/2024 | News release | Distributed by Public on 05/15/2024 12:14

Latest ABA formal ethics opinion addresses confidentiality obligations of lawyers posting to listservs

The ABA Standing Committee on Ethics and Professional Responsibility has issued ABA Formal Ethics Opinion 511 - Confidentiality Obligations of Lawyers Posting to Listservs.

Rule 1.6 prohibits a lawyer from posting questions or comments relating to a representation to a listserv, even in hypothetical or abstract form, without the client's informed consent if there is a reasonable likelihood that the lawyer's questions or comments will disclose information relating to the representation that would allow a reader then or later to infer the identity of the lawyer's client or the situation involved. A lawyer may, however, participate in listserv discussions such as those related to legal news, recent decisions, or changes in the law, without a client's informed consent if the lawyer's contributions will not disclose, or be reasonably likely to lead to the disclosure of, information relating to a client representation.

For the most recent Iowa and American Bar Association ethics opinions, please visit the ISBA's Ethics Opinions page.

Visit the Iowa Bar Blog for more news.