​Be Careful What you Post on a Listserv

The American Bar Association recently published Formal Opinion 511 which deals with what a lawyer can and cannot say on a listserv. Lawyers are cautioned to exercise extreme caution when posting about their own client matters. If the post allows someone to identify the client or matter, it is a violation of the rule on confidentiality (19-3-301.6), unless the lawyer has the client’s informed consent which is confirmed in writing. Informed Consent and Confirmed in Writing are defined terms (19-301.0) and have stringent requirements.

Ayres, Jenkins, Gordy and Almand have lawyers versed in these issues and can offer assistance.