The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility has issued Formal Opinion 511 on the ethical considerations surrounding lawyers asking for advice about client-related issues on listservs. The opinion cites Rule 1.6 on confidentiality of the ABA Model Rules of Professional Conduct to say that legal professionals would need their client's permission to discuss legal matters involving the client on a listserv.
Opinion 511 states that while listservs can serve as valuable forums for legal professionals to discuss general legal topics and legal industry developments, topics involving cases, especially pending cases, should not be discussed online to avoid compromising client confidentiality, even if the question is posed in a hypothetical or abstract way. The opinion outlines that seeking advice on a listserv pertaining to specific client matters without informed consent is generally unethical, as it may risk revealing confidential information or identifying the client.
The opinion draws upon previous ABA formal opinions and recent Oregon and Maryland bar opinions. The ABA opinion explains that when an attorney wants advice on a case, their best option is to select a lawyer or group of lawyers to consult with personally and privately on the matter.
The issuance of Formal Opinion 511 reaffirms the ABA's commitment to protecting client confidentiality and providing ethical guidance to legal practitioners, courts, and the public. To read Opinion 511, click here to visit the ABA's website.
