The ABA Standing Committee on Ethics and Professional Responsibility released a formal opinion that provides guidance for when a lawyer can seek advice on a listserv, noting that model rules in most cases forbid posting questions or comments relating to a representation — even in hypothetical or abstract form.

Formal Opinion 511 cites Rule 1.6 on confidentiality of the ABA Model Rules of Professional Conduct to say use of a listserv, beyond enabling lawyers to “keep abreast of changes in the law and its practice,” and seeking advice about a client matter would require a client’s informed consent in most cases.

Florida Bar Ethics Counsel Jonathan Grabb said the ABA’s new opinion is in line with The Florida Bar’s guidance on the subject.