ABA-480
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| 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. |