ABA Warns Attys On Ethics Of Social Media 'Hypotheticals'

Law360 (March 6, 2018, 6:32 PM EST) -- Lawyers who posit “hypotheticals” based on real client details on their blogs and via Twitter risk running afoul of their duty to keep confidences, the American Bar Association warned Tuesday.

Addressing the increasingly prevalent practice of lawyers dishing on social media, the ABA said attorneys shouldn’t think they can avoid confidentiality obligations simply by couching scenarios as theoretical if they aren’t.

The ABA’s Committee on Ethics and Professional Responsibility also reaffirmed its previous opinion, which explored whether Model Rule 1.6 provides an exception for publicly and...
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