ABA Issues Opinion on Disclosing to Clients When Using Listservs

Lawyers should not reveal any information relating to a client’s representation to a wide group of lawyers in a computer listserv, or group email list, without informed consent, the American Bar Association has advised in a formal opinion Wednesday.

The new guidance for the use of email lists by lawyers addresses when it’s permissible to ask large groups of other lawyers questions that could identify a client and their legal issues.

“Participation in most lawyer listserv discussion groups is significantly different from seeking out an individual lawyer or personally selected group of lawyers practicing in other firms for a consultation about a matter,” according to the opinion issued Wednesday by the ABA Standing Committee on Ethics and Professional Responsibility.

Without informed client consent, the opinion found, “a lawyer participating in listserv groups should not disclose any information relating to the representation that may be reasonably connected to an identifiable client.”

The opinion added that lawyers may participate in listserv discussions related to legal news or changes in the law without getting a client’s consent, if the lawyer doesn’t disclose information about a client representation.

The opinion was released to help interpret ABA Model Ethics Rule 1.6, which advises that lawyers “shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation,” or the info needs to be revealed to prevent death, bodily harm, or to stop the client from committing a crime.

The ABA’s model ethics rules aren’t legally binding but most states have largely adopted the rules.

The standing committee periodically issues ethics opinions for lawyers and the public to interpret and apply the ABA’s model ethics rules to specific issues of legal practice, including client-lawyer relationships.