These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
 
 Back to main menu

  Print This Leo
LEO NumTopicsSummary
ABA-480

print
31-Protecting and Disclosing Confidences and Secrets

46-Confidentiality - Miscellaneous

Lawyers blogging, tweeting, and otherwise engaging in public commentary through social media or otherwise must comply with the ABA Model Rules' confidentiality duties – which extend beyond the attorney-client privilege and include all information relating to a representation, even if it is in a public document or generally known. Lawyers may violate this rule even if they communicate in a "hypothetical" – if "there is a reasonable likelihood that a third party may ascertain the identity or situation of the client from the facts set forth in the hypothetical" (because both the client's identity and the situation deserve confidentiality protection.

Copyright 2000, Thomas E. Spahn