[E-trademarks] ABA ethics opinion on case hypotheticals on listservs

[Katherine Markert]

I received the below from another listservs I am on and thought it worth sharing to this group.

"The ABA's opinions are only advisory, but since the latest ethics opinion is directly on point re: sharing hypothetical case information in listservs figured it was worth sharing. Opinion 511<https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-511.pdf> was handed down today.

Here's the conclusion:

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."


Katie Markert
Partner

Markert & Cominolli PLLC
Phone: 585-504-2507
Email: km at markertcominolli.com<mailto:km at markertcominolli.com>
Web: www.markertcominolli.com<http://www.markertcominolli.com/>
75 S. Clinton Ave., Suite 510, Rochester, NY 14604

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