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ARTICLE · 15 MARCH 2018

ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary

Holland & Knight
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The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary.

United StatesLitigation, Mediation & Arbitration
Trisha Rich
Trisha Rich
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Trisha M. Rich is a litigation attorney in Holland & Knight's Chicago office

Allison Martin Rhodes is a partner in Holland & Knight's Portland office

HIGHLIGHTS:

  • The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary.
  • Notably, the opinion recites the ABA's view that the information remains confidential even when otherwise publicly available and suggests broad circumstances where the mere identity of the client is confidential.

Most lawyers generally understand the broad outlines of their duty of confidentiality. Despite that, lawyers often run afoul of this rule. In an attempt to clarify these obligations, the American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary. The opinion highlights (or

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