Navigation Know your listserv limitations
Robert W. Borr
On May 8, 2024, the ABA Standing Committee on Ethics and Professional Responsibility released a seven-page Formal Opinion 511R: Confidentiality Obligations of Lawyers Posting to Listservs. The opinion’s summary is provided below (including a notation that “Listserv” is a registered trademark):
Rule 1.6 prohibits a lawyer from posting questions or comments relating to a representation to a listserv, even in hypothetical or abstract form, without the client’s informed consent if there is a reasonable likelihood that the lawyer’s questions or comments will disclose information relating to the representation that would allow a reader then or later to infer the identity of the lawyer’s client or the situation involved. A lawyer may, however, participate in listserv discussions such as those related to legal news, recent decisions, or changes in the law, without a client’s informed consent if the lawyer’s contributions will not disclose, or be reasonably likely to lead to the disclosure of, information relating to a client representation.
