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

[Richard Morris]

Very interesting.  

 

So always have a lawyer friend at another firm post your hypothetical questions for you.  😊 

 

 

 

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Katherine Markert via E-trademarks <e-trademarks at oppedahl-lists.com>
Reply-To: "For trademark practitioners. This is not for laypersons to seek legal advice." <e-trademarks at oppedahl-lists.com>
Date: Wednesday, May 8, 2024 at 2:10 PM
To: "e-trademarks at oppedahl-lists.com" <e-trademarks at oppedahl-lists.com>
Cc: Katherine Markert <km at markertcominolli.com>
Subject: [E-trademarks] ABA ethics opinion on case hypotheticals on listservs

 

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 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

Web: www.markertcominolli.com

75 S. Clinton Ave., Suite 510, Rochester, NY 14604

 

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