In an advisory opinion considering the ethical risks to incautious “catfished” attorneys, the Los Angeles County Bar Association Professional Responsibility and Ethics Committee also weighed in on the potential for ethical violations when an attorney discloses thinly veiled client information on blogs and online discussion boards.
The committee concluded that where an attorney reveals enough information that a person familiar with aspects of the case could identify the significance of the details disclosed, they run the risk of violating the duties of competence and confidentiality, and might cause the loss of work product protections.
In the advisory opinion, the committee analyzed a hypothetical scenario in which an attorney posts on a blog associated with his law firm website and on a legal industry on-line discussion board. The contents of these posts reveal that in a matter the attorney is handling, a particular lay witness is “an older gentleman” whose “memory is weak.” In a subsequent post, the attorney reveals that he has retained an expert whose opinion is “very supportive” of the client’s position. The attorney further noted that as a result of the expert witness he now estimates damages in the matter will be “greater than” what he originally calculated.
The attorney believed that the information revealed was innocuous mainly because the attorney did not identify the client or expert witness by name. Nevertheless, the committee explained that the attorney had revealed enough information “so that a person familiar with the aspects of the Client’s litigation would be able to identify the witness and the significance of [the] Attorney’s disclosures.” The attorney’s disclosures could result in client injury and professional discipline under the California Business and Professions Code § 6068(e)(1) and California Rules of Professional Conduct 3-100 and 3-110.
Find the full opinion here.
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