In Formal Opinion 511, the ABA’s Standing Committee on Ethics and Professional Responsibility issued a clear warning to lawyers who casually crowdsource advice or war stories on listservs, online forums, and similar discussion groups—think twice before hitting “send.” See ABA Formal Opinion 511 (May 8, 2024).
Formal Opinion 511
The opinion reaffirms that ABA Model Rule 1.6 strictly prohibits lawyers from revealing any information relating to the representation of a client—yes, even hypotheticals—unless the client gives informed consent. That means even if you don’t name the client, if there’s a “reasonable likelihood” someone could piece it together, you’re in dangerous territory. See Id. at 4–5.
Notably, the Committee rejected the idea that participating in a lawyer-only listserv amounts to implied authorization to share client details. These platforms, the opinion notes, are often broad in reach and beyond any lawyer’s control. See Id. at 6. In contrast, discussing a matter with a colleague in a private consultation for help on the case may be permissible under implied authorization, provided the lawyer safeguards the client’s identity. See Id. at p. 5.
The opinion doesn’t shut down professional dialogue entirely. Lawyers are still free to talk about legal principles, case law, and theoretical scenarios—as long as those conversations don’t involve or hint at specific client matters. See Id. at 6.
The takeaway: be mindful.
Whether you’re posting on a listserv, blog, or social media, the rules of confidentiality follow you. If you want to share something client-related publicly, get informed consent in writing. Otherwise, take the safer path and keep it to yourself.
