Tuesday, June 12, 2007

Data Sharing to Show Experience - Ethical Limitations

Staying on this topic for a little bit longer, but I am currently listening to a webcast from ALI-ABA "Legal Ethics and Lawyer Websites." They brought up the topic of revealing client names and I thought of my post on listing published decisions on a firm's website.

They pointed out that ABA Model Rule 1.6(a) states: "A lawyer 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 disclosure is permitted by paragraph (b)."

The published decision is a matter of public record so you are not necessarily revealing information. But there are ethical limitations, so as part of the process the law firm should get the consent of the client.

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