Social Media Can Create Confidentiality Exception, ABA Says

Law360, New York (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...

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