Social Media Can Create Confidentiality Exception, ABA Says

By Andrew Strickler (December 15, 2017, 5:02 PM EST) -- The fact that a piece of information about a former client is publicly available doesn't necessarily mean it's not subject to the lawyer's duty to keep their confidences close, according to a Friday opinion from the American Bar Association.

But information that does become widely known by the public or within the client's industry — including via social media sharing — may fall within the "generally known" confidentiality exception for former clients, according to an ethics opinion from the ABA Standing Committee on Ethics and Professional Responsibility.

A rainbow of available social media platforms has empowered plenty of lawyers to reach...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!